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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

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 …

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 …

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.

The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney

Faculty Publications

No abstract provided.

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.

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

Articles by Maurer Faculty

No abstract provided.

The Use And Legal Significance Of The Mean High Water Line In Coastal Boundary Mapping, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The effect of unplanned and ill-conceived land use development on the coastal ecology has been well documented in recent years. Recognizing the need for more effective governmental control in this area, a number of state legislatures have enacted statutes to protect the coastal environment and encourage the orderly development of coastal resources. These efforts have received the support of the federal government as well.

Determination of coastal boundaries is essential to the development of an effective coastal zone management program. In general such boundaries represent the intersection of the shore with a particular tidal elevation. However, the demarcation of coastal …

The Environmental Class Action After Snyder And Zahn: Obtaining Federal Diversity Jurisdiction Over The Class Through Application Of Ancillary Jurisdiction., Jeffrey D. Lavenhar

St. Mary's Law Journal

Abstract Forthcoming.

From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell

IUSTITIA

In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …

The Florida Environmental Protection Act Of 1971: The Citizen's Role In Environmental Management, Patricia A. Renovitch

Florida State University Law Review

No abstract provided.

United States V. Holland, 373 F. Supp. 665 (M.D. Fla. 1974), Florida State University Law Review

Florida State University Law Review

Federal Jurisdiction- WATER POLLUTION CONTROL- FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 REACH POLLUTING ACTIVITIES OCCURRING ABOVE MEAN HIGH-WATER LINE.

Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus

Buffalo Law Review

No abstract provided.

Environmental Benefits Of Reducing Excess Air Transport Capacity, Scott C. Whitney

Faculty Publications

No abstract provided.

The International Commission For The Northwest Atlantic Fisheries: An Experiment In Conservation, Peter Z. R. Finkle

Dalhousie Law Journal

From the sixteenth to the middle of the twentieth century the classical legal doctrine of the freedom of the high seas permitted the continuance of unregulated marine fisheries. At least beyond the narrow limits of the coastal state's territorial sea, the fisherman was generally recognized as free to ply his trade in whatever manner and to any extent he chose. Though disagreements about fishery matters were common in international diplomacy, states did not dispute their freedom to fish the high seas without regulation. Both in the Northeast and Northwest Atlantic the issues of fishery diplomacy were largely restricted to marketing …

Growth Management And Constitutional Rights--Part I: The Blessings Of Quiet Seclusion, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

The Doctrine Of Primary Jurisdiction Misconceived: End To Common Law Environmental Protection?, Kenneth F. Hoffman

Florida State University Law Review

No abstract provided.

Impounding Pollution Control Funds, Thomas T. Alspach

Florida State University Law Review

No abstract provided.

Environmental Law--Acid Mine Drainage, Katherine P. Kenna

West Virginia Law Review

No abstract provided.

Environmental Law--The National Environmental Policy Act, Frederick L. Delp

West Virginia Law Review

No abstract provided.

Environmental Protection: Citizen Action Forcing Agency Compliance Under Limited Judicial Review., Mary Ellen Endres

St. Mary's Law Journal

Abstract Forthcoming.

Environmental Law—The Requirement For An Impact Statement: A Suggested Framework For Analysis—Loveless V. Yantis, 82 Wn. 2d 754, 513 P.2d 1023 (1973); Eastlake Community Council V. Roanoke Associates, Inc., 82 Wn. 2d 475, 513 P.2d 36 (1973); Stempel V. Department Of Water Resources, 82 Wn. 2d 109, 508 P.2d 166 (1973); Juanita Bay Valley Community Association V. City Of Kirkland, 9 Wn. App. 59, 510 P.2d 1140 (1973), John D. Alkire

Washington Law Review

The EIS requirement is the most precise of SEPA's procedural commands. The EIS itself must be a formal, tangible document. Its contents should reflect intelligent, plenary environmental analysis on the part of responsible government officials. The EIS serves as both the showpiece of the developer and as a target for those opposing the project. It is, in final form, no less than an environmental transcript, providing a critical portion of the record for administrative decisionmaking and judicial review. Hence, because of its visibility and required specificity, and the importance of its role in decision-making, the EIS requirement has come to …

Development Of The Rio Grande Compact, Raymond A. Hill

Publications

Thirty-six years have elapsed since the Rio Grande Compact of 1938, N.M.S.A. Section 75-34-3 (Repl. 1968), was entered into by Colorado, New Mexico, and Texas, and approved by the United States of America. Administration of the Compact since then has been the responsibility of many different persons, few of whom had personal knowledge of the circumstances of the negotiation of this Compact. Consequently, there has been a growing tendency towards interpretation of some of the provisions of the Rio Grande Compact in a manner contrary to the intent of those who participated in its negotiation.

Mr. Hill has intimately connected …

The Role Of The Michigan Attorney General In Consumer And Environmental Protection, Michigan Law Review

Michigan Law Review

In an effort to clarify the role of the attorney general as public representative, this Note will examine the functioning of the office of the Michigan attorney general. After an analysis of the nature and extent of the attorney general's powers and of his current utilization of those powers, several proposals to increase his effectiveness will be discussed.

The Soviet-U.S. Environmental Protection Agreement, Weldon L. Merritt

Natural Resources Journal

No abstract provided.

The Washington Shoreline Management Act Of 1971, Geoffrey Crooks

Washington Law Review

With approval of the Shoreline Management Act of 1971 (SMA), Washington has joined the increasing ranks of states which are attempting to influence legislatively the course of development of their coastal resources. The Washington Act, unusually broad in scope, concerns not merely "coastal" areas but also shorelines of bodies of water of virtually every description, including lakes and streams so small or so obscure as to be nameless. This article, after briefly describing the circumstances of the SMA's enactment and the prior law, examines and evaluates (to the extent possible based on two years of operation) the resource management program …

The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott

Washington Law Review

The Washington Legislature in 1973 created procedures, optional with a project developer, for centralized, coordinated processing of the permit applications which state and local government now require for a developer's use of air, water and land. The Act is entitled the Environmental Coordination Procedures Act of 1973 (ECPA), which does not become operative until January 1, 1974. Since its procedures are optional with a project's developer, there is no absolute certainty at the date this article is released for publication that ECPA's coordination will ever be utilized.

The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean

Washington Law Review

The intent of this article is to provide an overview of SEPA for the general practitioner. It will discuss generally the Act itself and the rapidly developing federal and state case law, and more specifically the 1973 amendments to SEPA. The article will then suggest both SEPA's shortcomings and possibilities for its improvement.

Contrived Crisis: An Environmental Lawyer's View Of The Supposed Fuel Shortage, Philip Weinberg

Buffalo Law Review

No abstract provided.