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Articles 661 - 673 of 673
Full-Text Articles in Law
Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger
Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics …
Review Of Land Use Conflicts: Organizational Design And Resource Management; Environmental Impact Review And Housing: Process Lessons From The California Experience; Creative Land Development: Bridge To The Future; And Toward Eden, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The technique of environmental impact assessment has emerged as the principal regulatory tool for assuring that each person acts "so that due consideration is given to preventing environmental damage." Just as the National Environmental Policy Act (NEPA) requires that each of the federal government's agencies assure that its decisions will be environmentally sound, so have many of the various states decreed that their agencies and political subdivisions shall maximize environmental protection.
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Mandated State agency action for historic preservation and encouragement to new local initiatives is found in the N.Y.S. Historic Preservation Act of 1980, Article 14 of the Parks and Recreation Law, L. 1980, Ch. 354 (A. 11779-A). Members of the NYSBA interested in following developments in Historic Preservation Law may wish to participate in the Historic Preservation Law Committee of the Association's new Section on Environmental Law.
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Introduction: Emerging International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that of citizen enforcement and the judicial consequences of such a development. Illustrative of the emergent role of courts in enforcing citizens' claims are the areas of historic preservation, noise regulation, and the use of environmental impact statements.
Drinking Water Regulation, Nicholas A. Robinson
Drinking Water Regulation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.
Environmental Law--Introduction, Nicholas A. Robinson
Environmental Law--Introduction, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Despite the vast mountain ranges, rivers, parks, coasts and forests within the bounds of its jurisdiction, the Second Circuit has had little occasion to decide many cases in the area of environmental law. Nonetheless, sufficient decisions do exist to indicate tentative outlines of the Second Circuit's disposition to date of such cases. On balance, the Second Circuit has carefully and conservatively hewed to the mandate of Congress in its construction of statutes, has mediated the competing demands of development and environmental protection, and has cautiously supported conservationists while sharply criticizing some of their tactics in administrative proceedings. This characterization can …
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.
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.
Legislation And The Environment: Individual Rights And Government Accountability, Richard L. Ottinger
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.