Law Commons^™

State Air Pollution Control Boards, Robert Vaughn

Articles in Law Reviews & Other Academic Journals

Introduction: By its nature the air pollution problem presents a suitable framework for an analysis of the concept of interest." Air pollution is a complex social and political problem as well as a complex scientific and technological one. This article will attempt to determine if the concept of interest is a concept through which satisfactory solutions to complex problems maybe derived. It is around the concept of interest that many of our legal institutions are created. In addition, interest and combination of interests are used to explain and predict social change. Lawyers often see their role solely as the representatives …

An Ecological Perspective For Arkansas, George P. Smith Ii

Scholarly Articles

From its territorial declaration in 1819, until its subsequent statehood in 1836 and down to the present day, Arkansas has enjoyed a good balanced, healthy environment. As it seeks to develop its industrial capabilities, however, great care must be exerted to ensure a proper balance between economic development and the preservation and conservation of the vast abundance of natural resources within the state. New, tighter legislative controls must be structured if an ecological equilibrium is to be maintained.

Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer

Faculty Publications By Year

No abstract provided.

International Environmental Damage Control: Some Proposals For The Second Best Of All Possible Worlds, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Recent meetings of international law experts have produced considerable debate over the type of international regime necessary to effectively control pollution. Divergent views expressed range from the "survival approach" of Professor Falk to the "grocery-list approach" of Christian Herter Jr., Special Assistant to the Secretary of State for Environment. The "grocery-list approach" is an operational approach which involves doing what can be done by the use of available means including discussion to define common interests, international agreements based on those shared interests, unilateral action where appropriate and increased use of the UN for a variety of purposes such as environment …

Industrial Water Pollution And The Refuse Act: A Second Chance For Water Quality, William H. Rodgers, Jr.

Articles

The primary purpose of this Article is to encourage a forceful implementation of the Refuse Act as a second chance to achieve water quality. The presentation commences in Section I with a brief outline of the dimensions of industrial water pollution and the legal and scientific barriers to effective control. Against this background, Section II summarizes the central features of the Refuse Act, presents a narrative history of its recent renovation, and analyzes the major issues arising under the statute.

Section III discusses the traditional industrial and governmental view of water pollution and how a change in regulatory attitude invites …

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Persistent Problem Of The Persistent Pesticides: A Lesson In Environmental Law, William H. Rodgers, Jr.

Articles

This article will present an interpretation and criticism of the Commission on Pesticides and Their Relationship to Environmental Health's conclusions, with a special emphasis on the treatment and relevance of the DDT issue. Each of the fourteen recommendations will be reviewed where relevant to the four major goals set forth above. The crucial and often decisive role of the law as a lever for reform, as a catalyst for transmitting scientific information to the political decision-maker and as a medium for planning to protect against the effects of pesticides pollution on the environment and the population will be emphasized. Obstacles …

Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson

All Faculty Scholarship

This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?

The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.

More About Oysters Than You Wanted To Know, Garrett Power

Faculty Scholarship

No abstract provided.

The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Water Quality Control: A Modern Approach To State Regulation, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

The American public of late has shown increasing concern over the quality of the environment. Water pollution has long been recognized as a major threat to a better environment. Municipal, industrial, and agricultural operations all contribute to the pollution problem. Municipalities empty millions of gallons of inadequately-treated sewage into the nation's rivers and streams. Municipal wastes are almost exclusively organic in nature. Currently municipal wastes are estimated to average about ten million tons annually while industrial pollution averages approximately fifteen million tons. Treatment in general is technologically feasible; the primary impediment is financial inability on the part of municipalities to …

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.

Social And Economic Consequences Of The Dickey-Lincoln School Hydro-Electric Power Development On The Upper St. John Valley, Maine -- : Phase 1, Preconstruction, Louis A. Ploch, Nelson L. Leray

Dickey-Lincoln School Lakes Project

The intention of this report is to present a still picture of the selected area as of the summer of 1966. The emphasis is on empirical relationships. The data contained herein will provide a base for subsequent analysis. Thus little attempt is made to cast the findings of the study in a theoretical framework. Later publications will utilize relevant theory and research to analyze the social and economic changes in an area related to the building of the Dickey and Lincoln School Dams. It is presumed that this particular report and its statistical sup-plement will be of particular interest to …

Air Pollution Control In Indiana In 1968: A Comment, Julian Conrad Juergensmeyer, Anita L. Morris

Articles by Maurer Faculty

No abstract provided.

Air Pollution Control In Indiana In 1968: A Comment, Anita L. Morse, Julian C. Juergensmeyer

Faculty Publications By Year

No abstract provided.

Legal Aspects Of The French Nuclear Tests, Anthony D'Amato

Faculty Working Papers

Even at the level of scholarly or diplomatic argumentation it is important to inquire into the competing interests and legal factors involved in the atmospheric tests. This is true not only because differing political expectations or even measures might depend on the consensus as to the legality or illegality of the French tests, but also because the precedential value of the tests will be of greater or less force depending upon whether there is agreement at the time of the tests that France was or was not acting within her international legal rights.

Water Pollution -- Attempts To Decontaminate Florida Law, Sheldon J. Plager, Frank E. Maloney, Fletcher N. Baldwin Jr.

Articles by Maurer Faculty

No abstract provided.

Book Review. A Wilderness Bill Of Rights By W. O. Douglas, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Control Of Air Pollution Through The Assertion Of Private Rights, Julian Conrad Juergensmeyer

Articles by Maurer Faculty

Air pollution is clearly one of the major social problems confronting contemporary American society. Yet the United States is still without an effective federal pollution control program, and those state and local control programs that do exist are largely ineffective. Until government regulation is able to keep the expulsion of air contaminants within tolerable limits, it will be necessary for those seeking to control air pollution to rely upon the assertion of private rights. In this article the author discusses the principal causes of action available to the private pollution controller, and concludes that, although traditional legal concepts may provide …

Legal Aid Program For North Dakota, William B. Fisch

Faculty Publications

Since the summer of 1965, the State Bar Association of North Dakota, through a special subcommittee on Legal Aid and Defense of Indigents and its standing committee on the same subject,1 has been investigating the need for legal aid in North Dakota, possible sources for funds to finance legal aid programs in the state, and possible forms which a program might take to meet the need. As a result of these investigations, a proposal has been prepared by the committee for submission to the Legal Services Program of the Office of Economic Opportunity (headed by Mr. Bamberger), for federal funds …

Legal Planning For Ground Water Production, Robert I. Reis

Journal Articles

No abstract provided.

North Coast Area Investigation. Preliminary Edition, California Department Of Water Resources

California Agencies

With this report, the Department of Water Resources concludes a seven-year reconnaissance investigation of the North Coastal area. This investigation has been part of the department's traditional and continuing activities in planning for statewide water development. The objective of the reconnaissance program was to formulate plans by which the water resources of the region can be integrated with the State's expanding economy through orderly, staged development. The planning emphasis has been directed towards major water conservation projects; however, all aspects of water control and utilization have been considered. The planning framework presented herein is thus multiple-purpose in nature; it provides …

Land And Water Use In Klamath River Hydrographic Unit. Volume 1: Text, California Department Of Water Resources

California Agencies

The State Legislature requested the Department of Water Resources to make a current inventory of the water resources and water requirements of the State in greater detail and to higher standards than has previously been done. Results of this inventory will be presented in two series of reports covering (l) land and water use, and (2) water resources and water requirements.

This land and water use report covers the watershed of the Klamath River and is the sixth of the Bulletin No. 94 series. This report is a preliminary edition. After a public hearing is held in the Klamath River …

Surface Water In Indiana, Thomas L. Shaffer

Journal Articles

Given the possibility that Indiana may be critically short of water before this century ends, the inquiring purpose of this paper is whether the courts of that state are looking less at the future need for water than at the past abundance of it.

Surface water in Indiana has always been regarded as a nuisance, even in the unusually dry growing season of 1963. "A river," Justice Holmes once said, "is more than an amenity. It offers a necessity of life that must be rationed among those who have power over it." In a state that faces a dearth of …

Rights Of The States In Their Natural Resources Particularly As Applied To Water, Dudley Warner Woodbridge

Faculty Publications

No abstract provided.

What Is The I.L.D.?, Kaarte-Edlund Branch

Ina and Noel Harris Collection

Article explaining the origin, recent history and current goals of the International Labor Defense. Details their local history in Northern California and their aid to striking lumber workers amongst other efforts.

Issued by: KAARTE-EDLUND BRANCH, International Labor Defense

Box 988, Eureka, Calif

The San Francisco Earthquake And Fire April 18, 1906 And Their Effects On Structures And Structural Materials, Us Department Of The Interior

Federal Documents

Immediately after the San Francisco earthquake and fire of April 18,1906, it was decided to arrange for an investigation of their effects on buildings and materials of construction. According!}', on April 19 Richard L. Humphrey was sent to San Francisco for this purpose, as secretary of the National Advisory Board on Fuels and Structural Materials and representing the structural materials division of the United States Geological Survey. At the request of the President, Capt. John Stephen Sewell, Corps of Engineers, United States Army, was sent to San Francisco on a similar errand by the War Department under order of April …

Earthquakes In California In 1898, Us Department Of The Interior, Charles S. Perrine

Federal Documents

The following paper is a continuation of similar records furnished by officers of the Lick Observatory, and completes the list up to the end of 1898. It records all the shocks observed or felt on Mount Hamilton, and all those reported to the Lick Observatory by letter, as well as newspaper reports of such earthquakes as occurred in the State during the year.

It also includes a number of shocks in various localities on the Pacific coast which it was thought might not have 'been recorded in other reports. No systematic examination of newspapers has been made, however, and some …

Earthquakes In California In 1896 And 1897, Us Department Of The Interior, Charles S. Perrine

Federal Documents

The following paper is a continuation of similar records furnished by officers of the Lick Observatory, and completes the list up to the end of 1897. It records all the shocks observed or felt on Mount Hamilton and all those reported to the Lick Observatory by letter, as well as newspaper reports of such earthquakes as occurred in the State during the year.

It also includes a number of shocks in various localities on the Pacific coast which it was thought might not have been recorded in other reports. No systematic examination of newspapers has been made, however, and some …

Earthquakes In California In 1894, Us Department Of The Interior, Charles S. Perrine

Federal Documents

The following report is a continuation of similar records, and brings the list up to the end of the year 1894. It contains accounts of all the shocks observed or felt on Mount Hamilton and all those reported to the Lick Observatory by letter, as well as newspaper reports of earthquakes occurring in the State during that year. Many newspapers have been examined, and this bulletin is largely made up from their reports. Some may have escaped notice.

It has been the object especially to record earthquakes occurring in California, but a number of shocks are here recorded which do …