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Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians Jan 1976

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.


The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review Dec 1975

The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review

Michigan Law Review

This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the scope of the …


Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review Nov 1975

Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review

Michigan Law Review

This Note first outlines the basic characteristics of the counteraction strategy and considers the implications of its future proliferation and then analyzes proposals to eliminate or ameliorate the impact of the strategy in terms of their effectiveness and practicability.


Virginia Coastal Zone Management Report Nov 1975

Virginia Coastal Zone Management Report

William & Mary Environmental Law and Policy Review

No abstract provided.


Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison Oct 1975

Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison

IUSTITIA

What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …


Flint Ridge Development Company V. Scenic Rivers Of Oklahoma, Lewis F. Powell Jr. Oct 1975

Flint Ridge Development Company V. Scenic Rivers Of Oklahoma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Cappaert V. United States, Lewis F. Powell Jr. Oct 1975

Cappaert V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


An Appreciative Note On Mr. Justice Douglas' View Of The Court's Role In Environmental Cases, Patrick Baude Oct 1975

An Appreciative Note On Mr. Justice Douglas' View Of The Court's Role In Environmental Cases, Patrick Baude

Indiana Law Journal

No abstract provided.


The Wilderness Act Of 1964: Where Do We Go From Here?, Dee V. Benson Oct 1975

The Wilderness Act Of 1964: Where Do We Go From Here?, Dee V. Benson

BYU Law Review

No abstract provided.


Urban Water Management Of An International River: The Case Of El Paso-Juarez, J. C. Day Jul 1975

Urban Water Management Of An International River: The Case Of El Paso-Juarez, J. C. Day

Natural Resources Journal

No abstract provided.


Legal Institutions And Pollution: Some Intersections Between Law And History, Jan G. Laitos Jul 1975

Legal Institutions And Pollution: Some Intersections Between Law And History, Jan G. Laitos

Natural Resources Journal

No abstract provided.


Achieving Federal-State Coordination In Coastal Resources Management, Marc J. Hershman May 1975

Achieving Federal-State Coordination In Coastal Resources Management, Marc J. Hershman

William & Mary Law Review

No abstract provided.


The Concept Of State And Local Relations Under The Czma, William C. Brewer Jr. May 1975

The Concept Of State And Local Relations Under The Czma, William C. Brewer Jr.

William & Mary Law Review

No abstract provided.


Models For Implementing The Czma's Concept Of State-Local Relations, Lee E. Koppelman May 1975

Models For Implementing The Czma's Concept Of State-Local Relations, Lee E. Koppelman

William & Mary Law Review

No abstract provided.


Nepa And The Czma: The Environmental Impact Statement And Section 306 Guidelines, Francis X. Cameron May 1975

Nepa And The Czma: The Environmental Impact Statement And Section 306 Guidelines, Francis X. Cameron

William & Mary Law Review

No abstract provided.


Data Management In Coastal Zone Planning, William R. Miller, Scott C. Whitney May 1975

Data Management In Coastal Zone Planning, William R. Miller, Scott C. Whitney

William & Mary Law Review

No abstract provided.


Siting Of Energy Facilities In The Coastal Zone - A Critical Regulatory Hiatus, Scott C. Whitney May 1975

Siting Of Energy Facilities In The Coastal Zone - A Critical Regulatory Hiatus, Scott C. Whitney

William & Mary Law Review

No abstract provided.


A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock Apr 1975

A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock

Indiana Law Journal

No abstract provided.


Cases And Materials On Environmental Law And Policy, By Eva H. Hanks, A. Dan Tarlock, And John L. Hanks, N. William Hines Apr 1975

Cases And Materials On Environmental Law And Policy, By Eva H. Hanks, A. Dan Tarlock, And John L. Hanks, N. William Hines

Indiana Law Journal

No abstract provided.


Disqualification For Bias- Indiana In Prespective, John Philip Updike Apr 1975

Disqualification For Bias- Indiana In Prespective, John Philip Updike

IUSTITIA

In 1943, the Indiana Legislature created a Stream Pollution Control Board;' in 1961, it created an Air Pollution Control Board; and then in 1972, the Legislature created an Environmental Management Board to coordinate and facilitate the efforts of the air and stream boards. The concern within the State Legislature for the environment reaches back more than two decades, and it would appear that the policy of the State is to become progressively more active in this area. However, the effectiveness of State programs to protect the Hoosier environment is necessarily dependent upon the dedication of those persons sitting on the …


Cases And Materials On Environmental Law And Policy, By Eva H. Hanks, A. Dan Tarlock, And John L. Hanks, Lynton K. Caldwell Apr 1975

Cases And Materials On Environmental Law And Policy, By Eva H. Hanks, A. Dan Tarlock, And John L. Hanks, Lynton K. Caldwell

Indiana Law Journal

No abstract provided.


State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning Jan 1975

State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning

University of Michigan Journal of Law Reform

Michigan's citizens, as well as its government, seem but dimly aware of the fact that Michigan-the home of America's most growth-centered industry, the automobile-lies at the very eye of the environmental storm. This article seeks to take a broad look at the shortcomings of Michigan's environmental protection in recent years. In so doing, it groups many of Michigan's recent environmental failings into broad categories which will both clarify the status of Michigan's environmental law climate and provide a basis for its reform. Parts One and Two consist of this analysis and evaluation. Part Three will examine possible solutions and offer …


Regulation Of Municipal Solid Waste Through Taxation: The New York Recycling Incentive Tax, Jeffrey M. Gaba Jan 1975

Regulation Of Municipal Solid Waste Through Taxation: The New York Recycling Incentive Tax, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.


Train V. Natural Resources Defense Council: The Genesis Of A New Era Of Federal-State Relationships In Air Pollution Control, Michael L. Hardy Jan 1975

Train V. Natural Resources Defense Council: The Genesis Of A New Era Of Federal-State Relationships In Air Pollution Control, Michael L. Hardy

Cleveland State Law Review

The purpose of this article is to analyze the Supreme Court's decision in Train v. Natural Resources Defense Council, Inc., and to assess its impact on the federal-state relationship under the Clean Air Act. In order to understand the implications of the Court's decision, it is first necessary to examine briefly the federal-state relationship envisioned by Congress in the legislative history surrounding the 1970 amendments and then consider the decisions of various courts interpreting that relationship.


Case Note: Environmental Law - Harlem Valley Transportation Association V. Stafford, 500 F.2d 328 (2d Cir. 1974), Helen Gerard Jan 1975

Case Note: Environmental Law - Harlem Valley Transportation Association V. Stafford, 500 F.2d 328 (2d Cir. 1974), Helen Gerard

Fordham Urban Law Journal

This Case Note analyzes the Second Circuit's decision in Harlem Valley Transportation Association v. Stafford, which held that the interstate commerce commission, as the responsible agency, must make the threshold determination of whether an environmental impact statement is required under NEPA. The court further held that if the statement is required, the commission staff must prepare and circulate a draft impact statement prior to a hearing before an administrative judge.


Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii Jan 1975

Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii

Fordham Urban Law Journal

The Wilderness Society and other interested groups brought suit in the district court, seeking to enjoin construction of the Trans-Alaskan Pipeline on the grounds that: (1) the right of way granted the defendant violated the width restrictions of Section 28 of the Mineral Lands Leasing Act of 1920 and (2) the environmental impact statement required under Section 4321 of the National Environmental Policy Act (NEPA) was inadequate. The district court, after granting a preliminary injunction, reversed itself by dissolving the preliminary injunction and denying permanent relief. The Court of Appeals for the District of Columbia Circuit reversed, holding that the …


Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock Jan 1975

Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock Jan 1975

Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning Jan 1975

State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning

University of Michigan Journal of Law Reform

In Part One of this article, the author outlined the scope and character of Michigan's environmental problems and suggested some of the factors underlying the state's weak and bureaucratic decisionmaking process. Part Two concludes the author's analysis of the fundamental obstacles to effective environmental decisionmaking in Michigan, and Part Three will contain recommendations for reform.


Recent Developments--Recent Decisions, Philip B. Barr, Jr., Michael Stukenberg Jan 1975

Recent Developments--Recent Decisions, Philip B. Barr, Jr., Michael Stukenberg

Vanderbilt Journal of Transnational Law

All nations recognize the enormous problem of marine pollution. The sources of marine pollution are definable, and there are methods by which these sources may be restricted. Virtually all mankind would prefer less pollution to more. Prevention, however, becomes less attractive in light of its costs, which assume both political and economic characteristics. Varying political and economic climates coupled with problems of sovereignty and national self-interest render agreement on the imposition of standards difficult. This Recent Development will chart past and present efforts at the preservation of the marine environment, consider the issues confronting the United Nations Third Conference on …