Law Commons^™

The Washington Environmental Policy Act, William H. Rodgers Jr.

Washington Law Review

As the Washington State Environmental Policy Act of 1971 (SEPA) approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court. The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There …

Scientific Uncertainty And The National Environmental Policy Act—The Council On Environmental Quality's Regulation 40 C.F.R. Section 1502.22, Mark Reeve

Washington Law Review

The National Environmental Policy Act (NEPA) requires federal agencies to prepare Environmental Impact Statements (EIS's) for all major actions significantly affecting the environment. The EIS must disclose and evaluate alternative actions and their environmental consequences. Congress did not address the problem of scientific uncertainty when it passed NEPA. Ten years later, the Council on Environmental Quality (CEQ) tackled the issue by including section 1502.22 in its new regulations governing EIS production. The section provides that if scientific uncertainty exists but can be cured by further research the agency must do or commission the research. If the necessary research is exorbitantly …

The Seaward Boundary Cases, Robert H. Abrams

Journal Publications

No abstract provided.

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …

Hearing On Bkk Hazardous Waste Landfill, Assembly Committee On Consumer Protection And Toxic Materials

California Assembly

No abstract provided.

The San Francisco Bay Bibliography, Assembly Committee On Water, Parks And Wildlife

California Assembly

No abstract provided.

Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson

Articles

This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …

An Economic Analysis Of Illinois New Hazardous Waste Law, J. Lon Carlson, Gary V. Johnson, Tom S. Ulen

Natural Resources Journal

No abstract provided.

Resource Law Notes Newsletter, No. 3, Sept. 1984, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Urban Waterfront Development Symposium - Selected Topics On Land Use Law., Douglas M. Wrenn

St. Mary's Law Journal

No abstract provided.

Legal Status Of Developed Tidelands In The Northeast: A Three-State Sampling, Anne F. Ackenhusen

Theses and Major Papers

The tidelands law of the United States has evolved sporadically. As the nation's population pressures have increased, and every conceivable type of development hasattempted to locate in the coastal zone (1), the regulationof tidelands has become increasingly stringent. No longer can a private party fill an acre of tidelands on whim. Inthe past, however, unauthorized tideland development was a frequent occurrence. Thus current state governments must deal with a legacy of improperly filled tidelands. This paper will examine some of the states' attempts to address the problem of illegally improved tidelands.

Centralized Decisionmaking In The Administration Of Groundwater Rights: The Experience Of Arizona, California And New Mexico And Suggestions For The Future, Zachary A. Smith

Natural Resources Journal

No abstract provided.

The 1977 Procedural Amendments To The Clean Air Act - Have They Made A Difference, Eileen Paez

Natural Resources Journal

No abstract provided.

Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum

Washington Law Review

This article investigates the proposed designation of the North Coast rivers under WSRA. It chronicles developments in the legal controversy and relates them to the larger issues of land and water management. The shifting legal framework and changing economic and political interests in the North Coast controversy are particularly enlightening to students of federalism. Lawyers are among those who may be tempted to view the North Coast controversy in terms of federal-state conflict or intergovernmental cooperation run amuck, and to view the courts as an umpire in a dispute over authority.

Awards Of Attorneys' Fees To Nonprevailing Parties Under The Clean Air Act—Ruckelshaus V. Sierra Club, 103 S. Ct. 3274 (1983), Ingrid Holmlund

Washington Law Review

The Clean Air Act (the Act) provides that in a suit for judicial review of an agency action under the Act, "the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such [an] award is appropriate." In Ruckelshaus v. Sierra Club, the United States Supreme Court held that this language permits an award of attorneys' fees only to parties who prevail on the merits. In a footnote, the Court extended its holding to sixteen other statutes with identical provisions. This Note will evaluate the soundness of the Supreme Court's holding in Ruckelshaus. …

Groundwater Control Programs Affecting Water Development, Arthur L. Littleworth

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

19 pages.

[Section] 404 Panel Discussion, Gregory J. Hobbs, Jr.

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

5 pages.

Supplemental materials. Includes proposed bill language for Department of the Interior appropriations bill. Outline of key events and dates in the history of water law.

Panel: Section 404 Of The Clean Water Act And Section 7 Of The Endangered Species Act: Potential Impacts On Water Supplies [Supplemental Materials], Wendy C. Weiss

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.

Supplemental materials. Includes text of Riverside Irrigation District v. Andrews, 568 F.Supp 563 and Opening Brief of Plaintiff-Intervenor-Appellants in Riverside Irrigation District v. Andrews, Cases No. 83-2114, 83-2115, 83-2119, 83-2230, April 3, 1984.

Wetlands Preservation And The Protection Of Endangered Species As Limits On Western Water Development, A. Dan Tarlock

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

25 pages.

Ferc, Purpa And The Federal Power Act, Lawrence J. Wolfe

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

62 pages.

Contains references.

Effects Of The Clean Water Act On Water Availability And Development, Paula C. Phillips

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Instream Flows As Reserved Rights On Federal Reservations After United States V. New Mexico, Hank Meshorer

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Reserved Water Rights Of Indian Allotments, Richard B. Collins

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Contains references.

The Case For A Legislative Solution To Indian Water Claims, James M. Bush

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.

Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

39 pages.

Indian Water Rights In The Supreme Court: A Review And Preview, Louis F. Claiborne

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Introduction To Reserved Water Rights, Ralph W. Johnson

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

16 pages.

Developments In Federal Water Policies And Programs, Harold W. Furman Ii

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

14 pages.

Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.

In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

88 pages.

Contains attachments.