Digital Commons Network^™

Defending The Environment: A Strategy For Citizen Action, By Joseph L. Sax, A. Dan Tarlock

Indiana Law Journal

No abstract provided.

Qui Tam Actions For Citizen Enforcement Of The Refuse Act Of 1899 Against Polluters, J. S. Ott

Cleveland State Law Review

It may be possible for private citizens to enforce the Refuse Act of 1899 when prosecutors refuse to act. This is possible, proponents suggest, by applying the ancient theory of qui tam to criminal sanctions in the Refuse Act. So far, the scheme has met with no reported judicial approval. ...The court again recognized in 1943 that "qui tam suits have been frequently permitted by legislative action . . . ."" A number of Federal statutes authorize qui tam action by the common informer.12 As late as 1970, the Hudson River Fisherman's Association was granted $2,000, under the 1899 Rivers …

Electric Transmission Lines And The Environment, Alan P. Buchmann

Cleveland State Law Review

One of the significant outgrowths of the current interest in "environmental" questions is the increasing prominence of aesthetics qua aesthetics as a subject for judicial and administrative concern. A major area of litigation, and one which has by its very nature lent itself to an analysis of the significance, and viability, of purely "aesthetic" issues, has involved high voltage transmission lines.

Legal Aspects Of Environmental Control In Mexico: An Analysis Of Mexico's New Environmental Law, Julian C. Juergensmeyer, Earle Blizzard

Faculty Publications By Year

No abstract provided.

Comment: The Constitutionality Of Local Anti-Pollution Ordinances

Fordham Urban Law Journal

Local governments have recently expanded their efforts to abate pollution problems. The constitutionality of such local ordinances under both federal and state law, however, has not yet been adequately determined. In order to clarify the constitutional limits of local environmental laws, it is necessary to examine the relevant questions raised by both the United States Constitution and the various state constitutions. Part I of this comment will deal with the federal-local conflicts and Part II will discuss the state-local conflicts. In each of the two sections, relevant legislation in the environmental field will be discussed. Finally, a model statute will …

Jamaica Bay: An Urban Marshland In Transition, Louis J. Lefkowitz

Fordham Urban Law Journal

This article will briefly examine the environmental problems that affect the lives of the hundreds of thousands of people who live adjacent to Jamaica Bay, and the extraordinary opportunities for recreation and enjoyment for which the Bay, freed of sewage, air pollution and aircraft noise, could be employed.

Legislation—The Delaware Coastal Zone Act, William M. Feigenbaum

Buffalo Law Review

No abstract provided.

Environmental Regulation Of Power Plant Siting: Existing And Proposed Institutions, A. Dan Tarlock, Roger Tippy, Frances Enseki Francis

Articles by Maurer Faculty

No abstract provided.

The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram

Faculty Scholarship

As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …

Judicial Protection Of The Environment: A New Role For Common-Law Remedies, Frank E. Maloney

Vanderbilt Law Review

There is a tendency today to look to the legislatures to provide the cure for all environmental maladies,' and to overlook or underrate the potential of common-law remedies to assist in the proper solution of these problems. Although it is undoubtedly true that in some jurisdictions the common-law remedies have been interpreted so restrictively as to make them practically useless as tools for environmental protection, a number of forward-looking courts are developing and applying the law in a way much more favorable to the environment. Other courts that have remained uncommitted may be in a position to follow current trends …

The Refuse Act Of 1899: Key To Clean Water, Ross Sandler

Articles & Chapters

The Refuse Act of 1899, although approaching its diamond anniversary, is alive and well and providing the best legal framework for cleaning up the nation's navigable streams and their tributaries. Its absolute standard of no pollution, which is ameliorated through practical application, is to be preferred over attempts to provide elaborate statutory standards.

Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii

Kentucky Law Journal

No abstract provided.

Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton

Journal Articles

No abstract provided.

Public Regulation Of Water Quality In Virginia, Woodrow Turner Jr.

William & Mary Law Review

No abstract provided.

Private Remedies To Abate Water Pollution In Virginia And New Theories In Environmental Law, Leslie J. Roos

William & Mary Law Review

No abstract provided.

Puritan, Indian, And Agrarian: A Critical Essay On The History Of Law, Environmental Values, And Rhetorical Strategy., Rennard Strickland

St. Mary's Law Journal

Abstract Forthcoming.

The Laws Relating To Abatement And Control Of Water And Air Pollution In North Carolina, Henry E. Poole

North Carolina Central Law Review

No abstract provided.

The Effect Of Sovereign Immunity On Environmental Protection Suits Against Government Officials, Richard C. Ausness

Law Faculty Scholarly Articles

A number of excellent articles have been published on the general subject of federal sovereign immunity in recent years, but most of them have been substantially concerned with legislative or judicial reform of this and related doctrines. The growing importance of environmental values as significant social and legal interests compels an examination of the relationship between sovereign immunity and the environmental protection suit. This article will trace the past and recent development of the immunity doctrine and consider its present and potential impact on environmental litigation.

Expanding The Role Of Municipal Police Power In Pollution Control: A Pragmatic Approach, Warren B. Rosenbaum

Buffalo Law Review

No abstract provided.

The Protection Of Environmental Interests By Non-Public Action, Nathan Hershey

West Virginia Law Review

No abstract provided.

Environmental Law--The Refuse Act, David Jeffrey Millstone

West Virginia Law Review

No abstract provided.

The Externalities Of A Torrey Canyon Situation; An Inpetus For Change In Legislation, Henry J. Mcgurren

Natural Resources Journal

No abstract provided.

An Appropriator Acquires A Vested Right In The Beneficial Use Of Water Allocated To Him But Does Not Acquire A Vested Right To The Non-Use Of Water Thus Allocated - Article 7519a Is A Retroactive Law Not Prohibited By The Texas Constitution Because It Does Not Operate As A Deprivation Of A Vested Right., Richard Gary Thomas

St. Mary's Law Journal

Abstract Forthcoming.

Retroactive Laws--Environmental Law--Retroactive Application Of The National Environmental Policy Act Of 1969, Michigan Law Review

Michigan Law Review

On January I, 1970, Congress took a major step in the continuing struggle to control man's exploitation of his environment by enacting the National Environmental Policy Act of 1969 (NEPA). This Act, hailed by some conservationists as one of the most important environmental developments of the decade, is designed primarily to prevent the misuse and abuse of the environment resulting either directly or indirectly from federal agency activity. In essence, by establishing a broad national policy giving a strong priority to the consideration of ecological factors and by implementing procedures designed to bring agency action into line with this policy, …

Federal Procedure - Standing To Sue In Environmental Protection Suits. Sierra Club V. Hickel, 433 F.2d 24 (9th Cir. 1970), Richard C. Josephson

William & Mary Law Review

No abstract provided.

A Modern Proposal For State Regulation Of Consumptive Uses Of Water, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

As a nation, the United States is in the early stages of a developing water crisis. With an exploding population accompanied by great technological advances in industry and agriculture, America is using progressively more water each day; the increasing use threatens to exceed available supplies in the future unless available resources are properly managed.

As the demand for water grows, problems related to the equitable allocation of this important resource will likewise increase. The need that presently exists for an integrated and balanced approach to the problems of water consumption, pollution, navigation and recreation will become even more acute in …

Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer

Faculty Publications By Year

No abstract provided.

Standing, Ripeness And Bureaucratic Inertia - Environmental Defense Fund V. Hardin

Maryland Law Review

No abstract provided.

Environmental Pollution Control Laws In Pennsylvania: A Survey And Analysis - An Introduction To Environmental Law, George D. Bruch

Villanova Law Review (1956 - )

No abstract provided.

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review (1956 - )

No abstract provided.