Digital Commons Network^™

Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson

Natural Resources Journal

No abstract provided.

Book Review Of Federal Environmental Law, Richard G. Hildreth

Journal of Legal Education

No abstract provided.

Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck

West Virginia Law Review

On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that …

The Conflict Over The New River, And The Test Case For The Wild And Scenic Rivers Act: North Carolina V. Fpc, Edmund Disanto

North Carolina Central Law Review

No abstract provided.

The Sin Of Omission: Inaction As Action Under Section 102(2)(C) Of The National Environmental Policy Act Of 1969, Arthur F. Ferguson

Indiana Law Journal

No abstract provided.

Subtitle C Of The Resource Conservation And Recovery Act Of 1976

William & Mary Environmental Law and Policy Review

No abstract provided.

Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

A New Combination To Davy Jones' Locker: Melee Over Marine Minerals, J. Kevin Mccall

Loyola University Chicago Law Journal

No abstract provided.

Thoughts On The Role Of Penalties In The Enforcement Of The Clean Air And Clean Water Acts, David Mcn. Olds, John C. Unkovic, Jeff L. Lewin

Duquesne Law Review

No abstract provided.

Clean Air: From The 1970 Act To The 1977 Amendments, Samuel Hays

Duquesne Law Review

No abstract provided.

Environmental Regulation And The Bankruptcy Act, Howard J. Wein

Duquesne Law Review

No abstract provided.

State Regulation Of Alien Land Ownership, William B. Fisch

Faculty Publications

In the 1970's, due to a number of factors only one of which is the new-found wealth of the oil-producing nations, the volume of foreign direct investment in the United States has increased dramatically. The magnitude of this capital inflow, while it is doubtless beneficial in many respects, has caused widespread alarm over the possibility of a loss of economic sovereignty. Over the last several years efforts have been made to establish a national system of control over such investment. These efforts are continuing, but so far without conspicuous success.

Acid Coal Mine Drainage: Past Pollution And Current Regulation, Patrick C. Mcginley, Thomas J. Sweet

Duquesne Law Review

No abstract provided.

Appropriation For Instream Flow Maintenance: A Progress Report On "New" Public Western Water Rights, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso

Fordham Urban Law Journal

This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …

Water Use Permits In A Riparian State: Problems And Proposals, Richard C. Ausness

Law Faculty Scholarly Articles

Although adequate supplies of water are generally available in Kentucky, the law governing its use and allocation is much less satisfactory. At present, Kentucky water law is a complex mixture of common law and statutory water rights. The purpose of this article is to evaluate these water rights and suggest a number of improvements. Part I will examine the common law rules as they relate to both surface water and ground water. Part II will focus upon Kentucky's present system of statutory water use regulation and will identify some of its more serious deficiencies. Part III will recommend some short-range …

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard

University of Michigan Journal of Law Reform

This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define …

State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear

Natural Resources Journal

No abstract provided.

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Faculty Publications

No abstract provided.

The Fate Of Non-Compliant Municipalities With Regard To The Secondary Treatment Standards Pursuant To The 1972 Federal Water Pollution Control Act Amendments- A Problem Of Enforcement, Tom Bondurant

University of Richmond Law Review

Water pollution is a dualistic problem which concerns both water quality and adequacy of supply of water. The failure to maintain a certain standard with regard to quality and/or adequacy leads to detrimental effects in such areas as domestic water supply, industrial water supply, agricultural water supply, wildlife watering, propagation of marine life, recreational activities, and aesthetic enjoyment.

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Cleveland State Law Review

This article will analyze five major specialized environmental review statutes which affect the greatest number of federal activities, including 1) the Fish and Wildlife Coordination Act of 1958; 2) the Endangered Species Act of 1973; 3) the National Historic Preservation Act of 1966; 4) the Wild and Scenic Rivers Act of 1974; 5) the Coastal Zone Management Act of 1972, and will evaluate their existing judicial interpretations, identify emerging trends in the law, highlight the problems that have arisen owing to the proliferation of environmental statutes and finally offer suggestions for the future.

The Toxic Substances Control Act: A Regulatory Morass, Kevin Gaynor

Vanderbilt Law Review

The Toxic Substances Control Act (TSCA or the Act),' which was signed into law in October of 1976, originated in a 1971 report by the Council of Environment Quality (CEQ). The CEQ report reviewed the problems presented by toxic chemicals and concluded...

that existing regulation was fragmented and inadequate. The report pointed out the need for authority requiring the testing of chemicals to determine their health and environmental effects, restricting the use and distribution of some chemicals when necessary to protect human health and the environment, and providing for development of adequate data on the environmental and health effects of …

Recent Cases, Cornelia H. Boozman, R. Preston Bolt, Jr., Kenneth L. Stewart

Vanderbilt Law Review

Administrative Law--Ripeness--Agency Head's Informal Opinion Letters Held Unripe for Review When No Substantial Hardship Placed on Parties

Cornelia H. Boozman

The basic premise of the ripeness doctrine is that judicial machinery should operate only on concrete problems that are present or imminent, not on problems that are abstract, hypothetical,or remote... The Supreme Court articulated a more definitive standard for determining ripeness in "Abbott Laboratories v. Gardner." Espousing what it considered to be the basic rationale of the ripeness doctrine, avoidance of premature adjudication of discretionary administrative policies, the Court established a procedure for evaluating the ripeness issue in challenges to …

Tennessee Valley Authority V. Hill, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

State Control Of Low Level Nuclear Wate Disposal, Myra Clark Lynch

Natural Resources Journal

No abstract provided.

Pre-Emption And The Commerce Clause Revisited: The 1975 Washington Tanker Law, Stephen D. Dillon

Natural Resources Journal

No abstract provided.

Environmental Regulation Of United States Deep Seabed Mining, W&M Former Faculty, Scott C. Whitney

William & Mary Law Review

No abstract provided.

Environmental Law--The Nuances Of Nuisance In A Private Action To Control Air Pollution, Michael E. Winck

West Virginia Law Review

No abstract provided.

Remedies In Admiralty For Oil Pollution, Stephen E. Roady

Florida State University Law Review

No abstract provided.