Digital Commons Network^™

Conflict In Resource Management And The Use Of Threat: The Goldstream Controversy, Colin J. B. Wood

Natural Resources Journal

No abstract provided.

Capital Formation Options To Finance Pollution Control, Scott C. Whitney

Faculty Publications

No abstract provided.

Footnote To The Nuclear Test Cases: Abuse Of Right--A Blind Alley For Environmentalists, Jerome B. Elkind

Vanderbilt Journal of Transnational Law

In a recent article entitled "French Nuclear Tests and Article 41: Another Blow to the Authority of the Court," the author questioned the approach of the learned Judges of the International Court of Justice to article 41 of the Court's Statute. The title of that article was intended to deplore the recent tendency of States (most particularly France, but also Iceland) who are parties to the Statute of the International Court of Justice to arrogate to themselves the right to determine whether the Court has jurisdiction...

The judgment of December 20, 1974 is but one more example of the extremes …

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.

Oil Pollution On Lake Superior: The Uses Of State Regulation, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Energy V. Environment: Who Wins In Race For Coal In Kentucky, Marilyn S. Daniel, Douglas W. Becker, Carla J. Allen, Richard V. Murphy, Marjorie J. Reeder, Ronald G. Robey, Susan W. Wanat

Kentucky Law Journal

No abstract provided.

The Case For The Regulation Of Nonreturnable Beverage Containers, Marvin M. Moore

Kentucky Law Journal

No abstract provided.

The Role Of The Public In Water Management Decisions In France, P. F. Teniere-Buchot

Natural Resources Journal

No abstract provided.

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

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

William & Mary Environmental Law and Policy Review

No abstract provided.

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.

Supreme Court Case Files

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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

BYU Law Review

No abstract provided.

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

Natural Resources Journal

No abstract provided.

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

Natural Resources Journal

No abstract provided.

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

William & Mary Law Review

No abstract provided.

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

William & Mary Law Review

No abstract provided.

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

William & Mary Law Review

No abstract provided.

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

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

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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 …

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.