Law Commons^™

Envirolaw, Volume 1, Issue 1 (February 1988), University Of South Carolina School Of Law Environmental Law Society

Environmental Law Society Newsletter

National Conference in a Nutshell, by Jerry Cooper

Something New in Speakers Program

Field Trips

Mixed Waste EIS Available, by John Buckley

Pro Bono Project Underway

The Editor's Page, by Jerry Cooper

Beach-front Management Bill Needs Broader Perspective, by Angus Lawton

Job Search

On Reserve

Elections

Calendar

Federal Agency Treatment Of Uncertainty In Environmental Impact Statements Under The Ceq's Amended Nepa Regulation § 1502.22: Worst Case Analysis Or Risk Threshold, Charles F. Weiss

Michigan Law Review

This Note traces the judicial and administrative treatment of uncertainty under NEPA and supports the CEQ's replacement of worst case analysis with a qualitative probability threshold. Part I discusses the development of reasonableness standards in NEPA common law to define agency obligations prior to promulgation of the worst case analysis regulation. Part II reviews the worst case analysis regulation and its judicial construction. Finally, Part III outlines the amended regulation, which replaces worst case analysis with a probability threshold employing the rule of reason to limit EIS discussion to environmental effects shown through credible scientific evidence to be reasonably foreseeable. …

The Dilemma Of The Downstream Plaintiff In An Interstate Water Pollution Case, Steven Gaynor

Buffalo Law Review

No abstract provided.

Clearcutting As A Management Practice In Maine Forests, Irland Group

Maine Collection

Clearcutting As A Management Practice in Maine Forests : Report to the Maine Department of Conservation, Forests for the Future Program.

by The Irland Group

Maine Department of Conservation, Augusta, Maine. 1988.

Contents:( Part I ) Introduction / What is Clearcutting? / Environmental Effects of Clearcutting / Conclusions / Recommendations

Contents:(Part II) Introduction / Public Policy / Definition / Spruce-Fir Siviculture / Northern Hardwood Silviculture / White Pine Silviculture / Aspen-Birch Silviculture / Regeneration / The Brush Stage / Artificial Regeneration / Budworm / Aesthetics / Water Resources / Wildlife / Nutrients and Soil / Naturalistic Silviculture / Logging / …

Protecting Waste Assimilation Streamflows By The Law Of Water Allocation, Nuisance, And Public Trust, And By Environmental Statutes, Peter N. Davis

Faculty Publications

Both federal and state water pollution control statutes require dramatic reductions in waste discharges, but not their total elimination. Those statutes require establishing water quality standards for receiving waters and presume that they will be adequate to assimilate the residual post treatment wastes. But nothing is those statutes assures that minimum flows for waste assimilation in fact will remain in existence. Neither the common law nor eastern and western diversion permit statutes expressly provide direct means for establishing such minimum protected flows for residual waste assimilation. Those means include establishing minimum flows for fish and wildlife habitat and recreation purposes …

The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This Article will discuss the origins and operation of the Environmental Bilateral, its functioning in international law, and its contribution to environmental law in each country.

Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.

An Ecological Perspective On Property, David Hunter

Scholarly Articles in Law Reviews & Journals

This article presents an ecological perspective on property law, one in which the definition of property rights is determined by the ecological characteristics of the property. Thus, a wetlands would be treated differently than a parking lot.

Perestroika And Priroda: Environmental Protection In The Ussr, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article reviews the initial Soviet decisions through 1988, applying perestroika to the problem of protecting priroda. Surveyed here is the scope of the ecological problems in the USSR and traditional responses, followed by an examination of the current Soviet policy to restructure its administrative and legal system for environmental protection. These initial reforms will not all result in a direct or immediate improvement of the Soviet environmental protection regime. For instance, the reforms also are stimulating the Soviet "not in my backyard" (NIMBY) phenomenon, or local opposition to the siting of developments ranging from electrical power plants, to facilities …

Impact Fees In Maryland, Paul A. Tiburzi

University of Baltimore Law Review

No abstract provided.

Protecting Coastal And Estuarine Resources- Confronting The Gulf Between The Promise And Product Of Environmental Regulation , Robert V. Percival

Maryland Law Review

No abstract provided.

Ending The War: A Strategy To Save America's Coastal Zone, Oliver A. Houck

Maryland Law Review

No abstract provided.

Protection Of The Chesapeake Bay: Environmentally Legal, Eminently Uninhabitable?, Tom Horton

Maryland Law Review

No abstract provided.

Coastal Seas Governance: An International Project For Management Policy On Threatened Coastal Seas, Ian Morris, Wayne H. Bell

Maryland Law Review

No abstract provided.

An Analysis Of The Enhanced Risk Cause Of Action (Or How I Learned To Stop Worrying And Love Toxic Waste), David S. Pegno

Villanova Law Review (1956 - )

No abstract provided.

The Work Of The International Law Commission Relating To Transfrontier Environmental Harm, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan

St. Mary's Law Journal

Abstract Forthcoming.

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …

Landlord Implicitly Warrants That Commercial Premises Suited For Inteded Use; Tenant's Duty To Pay Rent Dependent Upon Landlord Honoring Implied Warranty., Troy (Trey) S. Martin Iii

St. Mary's Law Journal

Abstract Forthcoming.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Are All Species Created Equal--And Other Questions Shaping Wildlife Law, Douglas O. Linder

Faculty Works

No abstract provided.

The Epa's Discretion To Regulate Acid Rain: A Discussion Of The Requirements For Triggering Section 115 Of The Clean Air Act, Stuart N. Keith

Cleveland State Law Review

Acid rain does not respect political boundaries; the problem of acid rain has had a devastating effect on human health and the environment of the northeastern United States as well as the area across the Canadian border. Recognizing the implications of trans-boundary air pollution problems such as acid rain, Congress amended section 115 of the Clean Air Act to permit the Administrator of the Environmental Protection Agency to order the reduction of air pollution menaces emanating from the United States which affect foreign nations. New York v. Thomas is the first major case to interpret section 115 and it will …

Directions In Virginia's Shoreline Erosion Policy, Mary Munson

William & Mary Environmental Law and Policy Review

No abstract provided.

The Virginia Wilderness Act: Preserving Nature's Beauty, Robin T. Browder

William & Mary Environmental Law and Policy Review

No abstract provided.

Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White

St. Mary's Law Journal

Abstract Forthcoming.

Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg

St. Mary's Law Journal

In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …

Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis

St. Mary's Law Journal

Abstract Forthcoming.

The Road Less Traveled: State Court Resolution Of Patent, Trademark, Or Copyright Disputes Symposium - Business Tort Litigation., Ted D. Lee, Ann Livingston

St. Mary's Law Journal

Abstract Forthcoming.

Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii

St. Mary's Law Journal

Abstract Forthcoming.