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The Clean Air Act And Mineral Development, Paul D. Phillips

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

16 pages (includes charts, maps, and illustrations).

Contains 3 pages of references.

The Public Lands: Development Of Federal Policy, Charles F. Wilkinson

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

9 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Federal Land Policy Management Act: The Effect And Operation Of The Bureau Of Land Management Organic Act And Regulations Under It Relative To The Use Of Public Lands For Resource Development, Pamela A. Ray

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

15 pages.

Appeal No. 0026: Atlas Energy Group, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 234

Appendix: Simplified Schematic Of 1980 Florida Transmission Line Siting Act §§ 402-.520-403.535, F.S. And § 366.14, F.S.

Florida State University Law Review

No abstract provided.

A Solution To The Regulatory Maze: The Transmission Line Siting Act, Wade L. Hopping, Carolyn Songer Raepple

Florida State University Law Review

No abstract provided.

Krajenta V. Division Of Workers' Compensation, 376 So. 2d 1200 (Fla. 2d Dist. Ct. App. 1979), Peter Belmont

Florida State University Law Review

Administrative Law-EMERGENCY RULEMAKING IN FLORIDA

The Propriety Of Benefit-Spreading Regulations Under The 10% Lending Limit Of The National Bank Act, Michigan Law Review

Michigan Law Review

This Note examines whether the ten percent lending limit of the National Bank Act should be used to promote benefit-spreading. Section I evaluates the legislative and judicial history of the lending limit and concludes that Congress never intended the Comptroller to issue regulations to foster benefit-spreading. Section II examines the practical ramifications of the benefit-spreading regulations. It concludes that the lending limit cannot effectively foster benefit-spreading without undermining the risk-reducing function of the statute; that compliance with the benefit-spreading regulations is costly while the penalties for noncompliance are inappropriate and unfair; and that existing statutes better promote benefit-spreading while avoiding …

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

A Model For Determining The Publication Requirements Of Section 552(A)(1) Of The Administrative Procedure Act, Michael J. Kump

University of Michigan Journal of Law Reform

This article addresses the question of when the publication rule requires an agency to publish its results in the Federal Register, particularly "interepretations of general applicability" and "statements of general policy." The vast number of recent cases involving violations of the publication rule provide ample· impetus for settling this controversy. Of striking significance is the broad spectrum across which these cases stretch: food stamp cases, prison matters, and immigration disputes. The list is as broad as the range of administrative practice.

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald

Buffalo Law Review

No abstract provided.

Agreement: Procedures For The Storage And Release Of Indian Water Entitlements Of The Six Middle Rio Grande Pueblos, Six Middle Rio Grande Pueblos Irrigation Committee, Secretary Of Interior's Designated Engineer, Bureau Of Indian Affairs Area Director, Bureau Of Indian Affairs Southern Pueblos Agency, Bureau Of Reclamation

Law of the Rio Grande

Section 11 of the March 17, 1980 Agreement between the United States Government by the Secretary of the Interior and the Middle Rio Grande Conservancy District (MRGCD) provides for a quantity of water to be stored in the El Vado Reservoir in order to ensure the prior and paramount water rights of 8,847 acres of land as designated of the Six Middle Rio Grande Pueblos (SMRCP) of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia and Isleta located within the exterior boundaries of the MRGCD.

Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

I. Administrative Law

Washington and Lee Law Review

No abstract provided.

Crisis And Legitimacy: The Administrative Process And American Government, Michigan Law Review

Michigan Law Review

A Book Notice about Crisis and Legitimacy: The Administrative Process and American Government by James O. Freedman

The Sec And Corporate Disclosure: Regulation In Search Of A Purpose, Michigan Law Review

Michigan Law Review

A Book Notice about The SEC and Corporate Disclosure: Regulation in Search of a Purpose by Homer Kripke

Agency Discretion To Accept Comment In Informal Rulemaking: What Constitutes "Good Cause" Under The Administrative Procedure Act?, Layne M. Campbell

BYU Law Review

No abstract provided.

Legislative Delegations Of Power And Judicial Review -- Preventing Judicial Impotence, Robert W. Martin, Jr.

Florida State University Law Review

No abstract provided.

Federal Practice And Procedure - Implied Cause Of Action - Title Vi Of The Civil Rights Act Of 1964 And Section 504 Of The Rehabilitation Act Of 1973 Imply Private Causes Of Action, Jane Duffy

Villanova Law Review (1956 - )

No abstract provided.

Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling

UIC Law Review

No abstract provided.

The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson

Seattle University Law Review

For the past four decades, the Bonneville Power Administration(BPA) has played a singular and powerful role in developing the Northwest regional electric power system, and indirectly in the regional economy that system supports. The federal government's decision during the first half of this century to develop multi-purpose water resource projects led to the construction of many dams, most of them in the Western United States, most built since the mid-1930s, and most including hydroelectric generation. As we enter the 1980s, fundamental changes have occurred. Historically, BPA has had sufficient resources to sell power to any utility or other customer in …

Administrative Law - Freedom Of Information Act - Exemption 5 Includes A Qualified Privilege For Confidential Commercial Information, Roman J. Koropey

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker

Villanova Law Review (1956 - )

No abstract provided.

Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean

Law Faculty Publications

When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.

The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Buffalo Law Review

No abstract provided.

Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser

University of Michigan Journal of Law Reform

This article will examine the new regulations to assess the manner in which they will affect federal decisionmaking. Part I briefly reviews the role the NEPA process has heretofore played in agency decisionmaking and its potential for the future. Parts II, III, and IV discuss specific provisions of the new regulations which may profoundly affect the agencies. Part II examines those sections of the regulations which seek to ensure that the EIS contains the substantive information necessary to fulfill NEPA's policies. Part III discusses significant procedural changes in the environmental assessment process designed to insure that this substantive information is …

The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh

Seattle University Law Review

Supporters of the proposed Pacific Northwest Electric Power Planning and Conservation Act have not produced satisfactory answers to two fundamental questions. First, why does the region require significant new incentives for the construction of nuclear and coal-fired power plants? Second, why must Congress link urgently needed encouragement of conservation and renewable energy measures to the creation of such incentives?

Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay

University of Richmond Law Review

Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution …

Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.

Articles

This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.

The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …