Digital Commons Network^™

The Use Of Private Actions To Control Environmental Pollution In Pennsylvania, Michael J. Shepard

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Nepa: Full Of Sound And Fury?

University of Richmond Law Review

Man has been, is, and will continue to be dependent upon the environment for the essential and non-essential components of his existence. In twentieth century America, the inevitable realization that environmental resources are not infinite has fostered an increased interest in stemming the tide of ecological devastation now being carried out in the name of progress and technological convenience.

The Auto Industry And The Environment, Henry Ford Ii

Kentucky Law Journal

No abstract provided.

International Environmental Damage Control: Some Proposals For The Second Best Of All Possible Worlds, Stephen J. Vasek

Kentucky Law Journal

No abstract provided.

International Environmental Damage Control: Some Proposals For The Second Best Of All Possible Worlds, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Recent meetings of international law experts have produced considerable debate over the type of international regime necessary to effectively control pollution. Divergent views expressed range from the "survival approach" of Professor Falk to the "grocery-list approach" of Christian Herter Jr., Special Assistant to the Secretary of State for Environment. The "grocery-list approach" is an operational approach which involves doing what can be done by the use of available means including discussion to define common interests, international agreements based on those shared interests, unilateral action where appropriate and increased use of the UN for a variety of purposes such as environment …

Industrial Water Pollution And The Refuse Act: A Second Chance For Water Quality, William H. Rodgers, Jr.

Articles

The primary purpose of this Article is to encourage a forceful implementation of the Refuse Act as a second chance to achieve water quality. The presentation commences in Section I with a brief outline of the dimensions of industrial water pollution and the legal and scientific barriers to effective control. Against this background, Section II summarizes the central features of the Refuse Act, presents a narrative history of its recent renovation, and analyzes the major issues arising under the statute.

Section III discusses the traditional industrial and governmental view of water pollution and how a change in regulatory attitude invites …

Coastal Zoning, James H. Ewalt, Robert H. Deaderick

Vanderbilt Journal of Transnational Law

In today's atmosphere of environmental awareness, protection of the coastal wetlands seems appropriate for many reasons. The wetlands include much of the most aesthetically pleasing areas in the United States, while also being a source of recreation and enjoyment. Man has long had an economic interest in the valuable natural resources, minerals and fish which the wetlands yield. The result is a conglomerate of conflicting demands upon the wetlands. The situation begs for definition and control of these interests so that the full potential of the coast can be realized.

Zoning has often been suggested as a means to protect …

State Air Pollution Control Boards, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

Introduction: By its nature the air pollution problem presents a suitable framework for an analysis of the concept of interest." Air pollution is a complex social and political problem as well as a complex scientific and technological one. This article will attempt to determine if the concept of interest is a concept through which satisfactory solutions to complex problems maybe derived. It is around the concept of interest that many of our legal institutions are created. In addition, interest and combination of interests are used to explain and predict social change. Lawyers often see their role solely as the representatives …

Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez

Villanova Law Review (1956 - )

No abstract provided.

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder

Michigan Law Review

The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …

How To Stand Still Without Really Trying: A Critique Of The New Mexico Administrative Procedures Act, Albert E. Utton

Natural Resources Journal

No abstract provided.

The Administrative Agency And Environmental Control, Louis L. Jaffe

Buffalo Law Review

No abstract provided.

The Regulation Of Public Utilities, Alfred L. Parker

Natural Resources Journal

No abstract provided.

The Control Of Pollution By Oil Under The Water Quality Improvement Act Of 1970

Washington and Lee Law Review

No abstract provided.

New Mexico's 1969 Criminal Abortion Law, Jonathan B. Sutin

Natural Resources Journal

No abstract provided.

Foreword: Environmental Quality, The Courts, And The Congress, Henry M. Jackson

Michigan Law Review

In America, we have traditionally equated progress with gross national product, with the accumulation of personal goods, with economic development, and with miles of roads, numbers of kilowatts, and acres of land. We have been easily impressed by quantitative measures of who we are as a people and where we are going as a nation.

In many respects the ways we measure progress reflect our society's traditional emphasis on the accumulation of material goods and the expansion of commerce and technology. Our success in achieving these goals is apparent from the statistics. We produce more than ten million automobiles annually. …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive

Michigan Law Review

It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …

Equity And The Eco-System: Can Injunctions Clear The Air?, Michigan Law Review

Michigan Law Review

On April 22, 1970, a number of private groups in the United States sponsored "Earth Day," an attempt to turn the attention of the population to matters of environmental concern. The dramatically favorable response to the idea of "Earth Day" suggests the extent to which more and more persons are becoming worried about ecological destruction. One of the methods of preventing that destruction, the obtaining of injunctions against industrial polluters, is the subject of this Comment. The central focus of this Comment is upon the injunction as a means of preventing air pollution, but most of the substance is equally …

Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review

Michigan Law Review

Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …

Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie

Michigan Law Review

The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.

In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …

The Persistent Problem Of The Persistent Pesticides: A Lesson In Environmental Law, William H. Rodgers, Jr.

Articles

This article will present an interpretation and criticism of the Commission on Pesticides and Their Relationship to Environmental Health's conclusions, with a special emphasis on the treatment and relevance of the DDT issue. Each of the fourteen recommendations will be reviewed where relevant to the four major goals set forth above. The crucial and often decisive role of the law as a lever for reform, as a catalyst for transmitting scientific information to the political decision-maker and as a medium for planning to protect against the effects of pesticides pollution on the environment and the population will be emphasized. Obstacles …

Love Lust In New Mexico And The Emerging Law Of Obscenity, Leo Kanowitz

Natural Resources Journal

No abstract provided.

More About Oysters Than You Wanted To Know, Garrett Power

Faculty Scholarship

No abstract provided.

Air Pollution Control In Allegheny County - Will It Be Smothered By Appellate Procedure?, Robert S. Bailey

Duquesne Law Review

One of the many reactions to the recent public uproar over the state of the world's ecology was manifested in a set of strict air pollution control laws promulgated for Allegheny County. In order to understand the character of these county air pollution control laws, a basic acquaintance with the enabling legislation is helpful.

Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Recent public concern with the pollution threat has generated a rash of suggested solutions. Within the past year councils, agencies, advisory commissions, and billion-dollar programs have been urged upon us. Reorganizations and reorderings of priorities have been called for. The question remains, however, whether this welter of proposals squarely attacks the real problem-the fact that all of our institutions are rooted in the notions of inexhaustible supply and limitless ability to repair. The answer can be found only by examining specific conflicts between technology and environment and analyzing the way our institutions attempt to resolve them.

More About Oysters Than You Wanted To Know, Garrett Power

Maryland Law Review

No abstract provided.