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Environmental Law

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Articles 181 - 197 of 197

Full-Text Articles in Law

Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry Jan 1992

Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry

Seattle University Law Review

To enable citizens opposing projects and proponents defending projects to predict more accurately the results of litigation and to discourage spurious litigation, a more definitive standard of judicial review is necessary. This Article proposes a standard of judicial review that encompasses components of both the adequacy and negative threshold standards of judicial review. The proposed standard of review discourages lawsuits that are brought merely for purposes of delay while ensuring that the agency acted reasonably in making its determination. Before this new standard can be considered, the context in which it will operate must be reviewed. Part II of this …

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Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque Mar 1991

Regulating Air Toxics In Rhode Island: Policy Vs. Technical Decisions, Julie A. Roque

RISK: Health, Safety & Environment (1990-2002)

Dr. Roqu6 recounts her work as a doctoral candidate at Brown in developing standards for the regulation of airborne carcinogens. Based in part on this experience, she argues that care needs be taken lest those who regulate Risk bury key policy decisions within a mass of often irrelevant technical details.

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The International Exportation Of Waste: The Battle Against The Path Of Least Resistance, Kenda Jo M. Mccrory Jan 1991

The International Exportation Of Waste: The Battle Against The Path Of Least Resistance, Kenda Jo M. Mccrory

Penn State International Law Review

This Comment will focus on the United States' current regulations governing the exportation of waste, their strengths and weaknesses, and the changes needed to incorporate the Basel Convention into United States domestic law.

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The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite Jan 1990

The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite

Touro Law Review

No abstract provided.

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In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of The Environmental Policy, William L. Andreen Apr 1989

In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of The Environmental Policy, William L. Andreen

Indiana Law Journal

No abstract provided.

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Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker Jan 1986

Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker

Seattle University Law Review

A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …

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The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer Jan 1983

The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer

Fordham Urban Law Journal

This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …

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Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger Jan 1983

Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger

Fordham Urban Law Journal

Congress enacted the National Environmental Policy Act (NEPA) on January 1, 1970. NEPA's purpose is to "declare a national policy which will encourage productive and enjoyable harmony between man and his environment." In an effort to achieve this national policy, NEPA requires federal agencies proposing certain major federal actions that affect the environment to include an Environmental Impact Statement (EIS) in their proposal or recommendations. The EIS must include both an assessment of the beneficial and adverse environmental impacts of the proposed actions and an analysis of the impacts in light of other circumstances. This Comment discusses the historical background …

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The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes Jan 1982

The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes

Seattle University Law Review

This comment analyzes the problems created by the Forest Practices Act’s scheme for environmental review. First, the comment examines the statutory definitions of the forest practices classes, determining which forest practice classes are within the scope of SEPA review under the FPA. Second, the comment discusses the effect of the 1981 State Environmental Policy Act amendment on the types of forest practices exempt from SEPA. The comment further points out the failure of the existing forest practices regulations to achieve the policy balance required by the FPA. The comment’s conclusion is two-fold: the Classic “U” holding best represents the legislature’s …

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Protecting The Built Environment Of Newfoundland And Nova Scotia, Marc C. Denhez May 1981

Protecting The Built Environment Of Newfoundland And Nova Scotia, Marc C. Denhez

Dalhousie Law Journal

For most Canadians, "environment" is their city or town, where they reside, work, and spend most of their leisure hours. The quality of this urban or semi-urban environment will have a significant impact upon their everyday life, including stress, cultural identity, and sense of historic continuity. Conserving the cultural and aesthetic values represented by the buildings which constitute this environment therefore deserves attention. One way for such buildings to be saved is to be purchased by someone dedicated to their retention; but since it is impossible to thus acquire all valuable buildings, this article looks at alternate approaches. There are …

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Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso Jan 1978

Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso

Fordham Urban Law Journal

This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …

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Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson Jan 1976

Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson

Fordham Urban Law Journal

The issues in environmental law have been largely directed toward the natural environment, however, very recently and with growing force, new law has been channeled into the service of our nation's urban centers. Traditionally, urban environmental law included only broad schemes to redress urban ills, such as zoning laws, public housing programs, and urban renewal. In the past few years, there has been an increase in the development of personally held and asserted citizens rights to a quality urban environment. While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that …

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Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969 Jan 1974

Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969

Fordham Urban Law Journal

The National Environmental Policy Act (NEPA) was passed by Congress in 1969 declaring a policy which will promote efforts to protect the environment, to stimulate the health and welfare of man, and to enrich the understanding of the natural resources important to the nation. Under NEPA, all federal agencies must develop decision making procedures that include an evaluation of factors the agency will consider in deciding whether a proposed agency action will significantly affect the "human environment."' Federal agencies, unable to discern the meaning of "human environment," have had difficulty in deciding what factors to consider in making the threshold …

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Administrative Law And The Environment: National Fuels Policy (Symposium Preface), Walter J. Hickel Jul 1972

Administrative Law And The Environment: National Fuels Policy (Symposium Preface), Walter J. Hickel

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

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Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez Jan 1971

Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez

Villanova Law Review

No abstract provided.

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On Dissent, Violence, And The Intellectual, Page Keeton Nov 1970

On Dissent, Violence, And The Intellectual, Page Keeton

Vanderbilt Law Review

If I have properly assessed the meaning of Dean Forrester's comments, he stated that: (1) America is now in the midst of an attempted revolution, an attempt to create a new society by force and violence; (2) war, race relations, poverty, environment, and the other festers in our society, while great problems, are not the real causes of the discontent; (3) the attempted revolution is the product of a generation of university teaching and writing which has created the intellectual atmosphere and the state of mind that sustain the conflict. I respectfully dissent while recognizing at the same time the …

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The West Virginia Law Of Forfeited And Delinquent Lands, George G. Bailey Jun 1947

The West Virginia Law Of Forfeited And Delinquent Lands, George G. Bailey

West Virginia Law Review

No abstract provided.

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