Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield
Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield
University of Richmond Law Review
In recent years, there has been an increasing recognition of the need to address the complex and interrelated impacts that result from human interaction with the environment. One of the most effective tools for evaluating these impacts has been the preparation of programmatic environmental impact statements (EISs) pursuant to the National Environmental Policy Act of 1969 (NEPA). The status of programmatic EISs, however, has been called into question by the Supreme Court's decision in Lujan v. National Wildlife Federation, which has been interpreted by numerous commentators as heralding the end of "programmatic" environmental lawsuits. Even more significantly, Lujan has been …
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
University of Richmond Law Review
Increasing and conflicting uses of water have been widely heralded as one of the major environmental crises facing society. Below average rainfall in recent years has caused municipal water shortages in Virginia, particularly in the rapidly growing areas of the southeastern part of the state, evidence that water quantity problems are no longer a phenomenon peculiar to the western states. Generally, those in Virginia who advocate reallocation of water to areas of the state experiencing such shortages feel that the state has enough water, just not all in the correct places.
Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller
Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller
University of Richmond Law Review
In recent years, there has been growing judicial concern about the fairness of action by administrative agencies and the ability of courts to effectively review this action. This concern stems from the increased use of informal procedures by agencies promulgating rules or orders, to accomplish the congressional objectives set out in their substantive statutes. In response, certain federal courts of appeal have begun to impose upon these agencies more procedural safeguards than are required by either the Administrative Procedure Act (APA) or substantive statutes. These judicially imposed safeguards are more commonly known as hybrid procedures.
Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk
Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk
University of Richmond Law Review
The first comprehensive legislation for the protection of endangered species was the Endangered Species Conservation Act of 1966. It provided for "a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife ... that are threatened with extinction."' In 1969, Congress expanded the Act in several important respects; however, it became apparent, as stated in 1972 by President Nixon, that the existing legislation "simply [did] not provide the kind of management tools needed to act early enough to save a vanishing species."'