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Articles 10681 - 10710 of 10868
Full-Text Articles in Entire DC Network
Book Review. A Summary-Digest Of State Water Laws (R. Dewsnup And D. Jensen, Eds.), A. Dan Tarlock
Book Review. A Summary-Digest Of State Water Laws (R. Dewsnup And D. Jensen, Eds.), A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
The Uses Of Scientific Information In Environmental Decisionmaking, A. Dan Tarlock, Marcia R. Gelpe
The Uses Of Scientific Information In Environmental Decisionmaking, A. Dan Tarlock, Marcia R. Gelpe
Articles by Maurer Faculty
No abstract provided.
Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel
Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel
Articles
The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …
The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley
The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley
Faculty Publications By Year
No abstract provided.
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe
Faculty Scholarship
This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …
The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii
The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii
Villanova Law Review (1956 - )
No abstract provided.
A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson
A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson
Villanova Law Review (1956 - )
No abstract provided.
Does Petaluma Lie At The End Of The Road From Ramapo, R. Marlin Smith
Does Petaluma Lie At The End Of The Road From Ramapo, R. Marlin Smith
Villanova Law Review (1956 - )
No abstract provided.
Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes
Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes
University of Michigan Journal of Law Reform
This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.
Environmental Planning - A Legal Guide To Development In Pennsylvania, William M. Eichbaum Jr.
Environmental Planning - A Legal Guide To Development In Pennsylvania, William M. Eichbaum Jr.
Villanova Law Review (1956 - )
No abstract provided.
Environmental Control: Guide Or Roadblock To Land Development, R. Marlin Smith, William M. Eichbaum Jr., John M. Hyson, Daniel J. Snyder Iii
Environmental Control: Guide Or Roadblock To Land Development, R. Marlin Smith, William M. Eichbaum Jr., John M. Hyson, Daniel J. Snyder Iii
Villanova Law Review (1956 - )
No abstract provided.
Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch
Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch
Indiana Law Journal
No abstract provided.
Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969
Fordham Urban Law Journal
The National Environmental Policy Act (NEPA) was passed by Congress in 1969 declaring a policy which will promote efforts to protect the environment, to stimulate the health and welfare of man, and to enrich the understanding of the natural resources important to the nation. Under NEPA, all federal agencies must develop decision making procedures that include an evaluation of factors the agency will consider in deciding whether a proposed agency action will significantly affect the "human environment."' Federal agencies, unable to discern the meaning of "human environment," have had difficulty in deciding what factors to consider in making the threshold …
The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser
The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser
Fordham Urban Law Journal
There has been a significant growth of legislation designed to improve the quality of life in American by regulating the way industrial facilities interact with their environments. The new laws created by this legislation has given the federal government significant responsibilities in many areas formerly regulated by the individual states. This change in regulation is apt to impose stress on the modern industrialized society of America as a result of the impossibility to predict the overall effects of particular actions on the total system. Examining the nature of the actions and the probable direct interactions with the system, one may …
The Constitutional Framework Of Environmental Law, Philip Soper
The Constitutional Framework Of Environmental Law, Philip Soper
Book Chapters
For federal and state legislators .seeking legal solutions to environmental problems, "constitutional law" is a part of "environmental law" only in the indirect sense of providing the basic legal framework with which substantive environmental standards-like all legislative standards-must ultimately comport. When Congress, for example, enacts legislation to control pollution or to protect endangered species, the constitutional issue theoretically presented is whether such legislation exceeds limits placed by the Framers on federal legislative authority. These limits may result either from the lack of federal power to deal with the problem or from conflict between a federal regulatory scheme and the constitutional …
Toward Recognition Of Nonsmokers' Rights In Illinois, Lynn F. Vuich
Toward Recognition Of Nonsmokers' Rights In Illinois, Lynn F. Vuich
Loyola University Chicago Law Journal
No abstract provided.
New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson
New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article's thesis is that attorneys cannot wait any longer to begin practicing environmental law. The bar has a responsibility to insure that our laws are obeyed and implemented. In advising a client regarding compliance with environmental laws, the legal counselor has unique opportunities to advance not only the client's interests, but also the public's interest in environmental protection.
Book Review. Nepa In The Courts: A Legal Analysis Of The National Environmental Policy Act By F. R. Anderson, A. Dan Tarlock
Book Review. Nepa In The Courts: A Legal Analysis Of The National Environmental Policy Act By F. R. Anderson, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Environmental Law And Construction Project Management, Michael S. Baram
Environmental Law And Construction Project Management, Michael S. Baram
Faculty Scholarship
Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …
The Application Of The National Environmental Policy Act Of 1969 To The Darien Gap Highway Project, A. Dan Tarlock
The Application Of The National Environmental Policy Act Of 1969 To The Darien Gap Highway Project, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley
State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley
Articles by Maurer Faculty
No abstract provided.
Toward An International Standard Of Environment, George P. Smith Ii
Toward An International Standard Of Environment, George P. Smith Ii
Scholarly Articles
No abstract provided.
The Environment And The Judiciary: A Need For Co-Operation Or Reform, George P. Smith Ii
The Environment And The Judiciary: A Need For Co-Operation Or Reform, George P. Smith Ii
Scholarly Articles
In Section 9 of the Federal Water Pollution Control Act Amendments, Congress authorized a study of the feasibility of establishing an environmental court which would have exclusive jurisdiction over environmental matters. This mandate was devoid of any hint as to the shape and functions of the proposed court, and made no attempt to define the contours of an "environmental issue". An examination of the legislative history of the Act is no more helpful in illuminating the Congressional intent. The study was carried out by the Land and Natural Resources Division of the Justice Department which, because of the absence of …
Village Of Belle Terre V. Boraas, Lewis F. Powell Jr.
Village Of Belle Terre V. Boraas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Dept. Of Game V. Puyallup, Lewis F. Powell Jr.
Dept. Of Game V. Puyallup, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney
The Case For Creating A Special Environmental Court System - A Further Comment, Scott C. Whitney
William & Mary Law Review
No abstract provided.
The Problem Of Social Cost - An Alternative Approach, H. H. Liebhafsky
The Problem Of Social Cost - An Alternative Approach, H. H. Liebhafsky
Natural Resources Journal
No abstract provided.
The National Environmental Policy Act Of 1969 And Its Applications To Federally-Funded Highways
The National Environmental Policy Act Of 1969 And Its Applications To Federally-Funded Highways
Washington and Lee Law Review
No abstract provided.
An Examination Of The Federal Water Pollution Control Act Of 1972, Andrew W. Mcthenia, Jr.
An Examination Of The Federal Water Pollution Control Act Of 1972, Andrew W. Mcthenia, Jr.
Washington and Lee Law Review
No abstract provided.
Environmental Law--Air Pollution Abatement--A Supplemental Damage Remedy Under The Clean Air Act, Joseph S. Beeson
Environmental Law--Air Pollution Abatement--A Supplemental Damage Remedy Under The Clean Air Act, Joseph S. Beeson
West Virginia Law Review
No abstract provided.