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Environmental Law

University of Maryland Francis King Carey School of Law

2003

Articles 1 - 3 of 3

Full-Text Articles in Law

The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival Oct 2003

The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Faculty Scholarship

Prior to the erection in the 1970s of a comprehensive federal regulatory infrastructure to protect the environment, transboundary pollution disputes frequently were adjudicated by the U.S. Supreme Court, exercising its original jurisdiction over disputes between states. In a series of cases commencing at the dawn of the Twentieth Century, the Court served as a national arbiter of interstate pollution disputes. This paper reviews the history of the Supreme Court's use of these cases to develop a federal common law of interstate nuisance.

The paper argues that while federal common law initially performed a zoning function by encouraging polluters to relocate …


Environmental Law At Maryland, No. 16, Winter-Spring 2003 Jan 2003

Environmental Law At Maryland, No. 16, Winter-Spring 2003

Environmental Law at Maryland

No abstract provided.


Poultry, Waste, And Pollution: The Lack Of Enforcement Of Maryland's Water Quality Improvement Act, Paul L. Sorisio Jan 2003

Poultry, Waste, And Pollution: The Lack Of Enforcement Of Maryland's Water Quality Improvement Act, Paul L. Sorisio

Maryland Law Review

No abstract provided.