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Environmental Law

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Procedural Aspects Of Litigation Under The Texas Environmental Statutes., Troy C. Webb Dec 1978

Procedural Aspects Of Litigation Under The Texas Environmental Statutes., Troy C. Webb

St. Mary's Law Journal

Abstract Forthcoming.


How To Effectively Participate In The Adjudicatory And Legislative Functions Of Texas Environmental Agencies., W. Thomas Buckle Dec 1978

How To Effectively Participate In The Adjudicatory And Legislative Functions Of Texas Environmental Agencies., W. Thomas Buckle

St. Mary's Law Journal

Abstract Forthcoming.


Environmental Law: Progress Toward A Coherent Standard For The "Threshold Determination", John C. Hammar Dec 1978

Environmental Law: Progress Toward A Coherent Standard For The "Threshold Determination", John C. Hammar

Washington Law Review

Washington enacted the State Environmental Policy Act (SEPA) in 1971, which required that consideration be given to environmental factors for all developments proposed by either private or public entities. The legislature delegated authority to promulgate rules for SEPA's interpretation and implementation to a specially created state agency, the Council on Environmental Policy (CEP).9 The CEP was specifically directed to detail the procedures for completion of the "threshold determination," the test to determine whether an environmental impact statement (EIS) must be prepared. Responding to this task, it issued the SEPA Guidelines in December 1975, the culmination of two years of extensive …


The Surface Mining Control And Reclamation Act Of 1977., Lawrence B. Dale Dec 1978

The Surface Mining Control And Reclamation Act Of 1977., Lawrence B. Dale

St. Mary's Law Journal

Abstract Forthcoming.


Private Environmental Litigation: Some Problems And Pitfalls., Frank F. Skillern Dec 1978

Private Environmental Litigation: Some Problems And Pitfalls., Frank F. Skillern

St. Mary's Law Journal

Abstract Forthcoming.


Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman Oct 1978

Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman

Natural Resources Journal

No abstract provided.


Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas Oct 1978

Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas

Faculty Scholarship

On June 15, 1978, the United States Supreme Court ruled that the Endangered Species Act of 1973 required the enjoining of the operation of a virtually completed dam, the Tellico Dam in Tennessee, because of a determination by the Secretary of the Interior that its operation would eradicate the snail darter, an endangered species.


Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee Oct 1978

Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee

Natural Resources Journal

No abstract provided.


New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor Jul 1978

New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor

Natural Resources Journal

No abstract provided.


Emission Standards - Quantification And Liability, Sigrid Olson Jul 1978

Emission Standards - Quantification And Liability, Sigrid Olson

Natural Resources Journal

No abstract provided.


Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson Jul 1978

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 Jun 1978

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 Jun 1978

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 Apr 1978

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 Apr 1978

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 Apr 1978

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 Jan 1978

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 Jan 1978

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 Jan 1978

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 Jan 1978

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 Jan 1978

Environmental Regulation And The Bankruptcy Act, Howard J. Wein

Duquesne Law Review

No abstract provided.


State Regulation Of Alien Land Ownership, William B. Fisch Jan 1978

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.


Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson Jan 1978

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.


Acid Coal Mine Drainage: Past Pollution And Current Regulation, Patrick C. Mcginley, Thomas J. Sweet Jan 1978

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

Duquesne Law Review

No abstract provided.


Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso Jan 1978

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 Jan 1978

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 …


The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard Jan 1978

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 …


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 Jan 1978

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.


Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace Jan 1978

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

Publications

No abstract provided.


Appropriation For Instream Flow Maintenance: A Progress Report On "New" Public Western Water Rights, A. Dan Tarlock Jan 1978

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

Articles by Maurer Faculty

No abstract provided.