Law Commons^™

Tbt: A Hidden Danger To Virginia's Waters, Lynne J. Strobel

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia Legislature Passes Phosphate Ban Bill, Peter R. Lucchesi

William & Mary Environmental Law and Policy Review

No abstract provided.

Ocean Incineration Of Hazardous Wastes, Wayne S. Melnick

William & Mary Environmental Law and Policy Review

No abstract provided.

The Crisis Of Failing Bureaucracies, Michael Mccloskey

Natural Resources Journal

No abstract provided.

Risk Management In The United States: Three Case Studies Dioxin Emissions And Trash-To-Energy Plants In New York City, R. Steven Konkel

Environmental Health Science Faculty and Staff Research

New York City, the largest US municipality with a population of 12 million, presently generates 28,000 tons of garbage per day. Its main disposal facility Fresh Kills-is expected to be the only one of four presently operating landfills still in in use in 1987, and to be filled to capacity be 2001. Institutional, economic, and environmental obstacles severely restrict landfill options within the city, and ocean disposal of municipal solid waste is not considered feasible. In short, continued reliance on landfills to absorb the City's enormous volume of municipal waste is no longer considered viable.

The Impact Of The 1986 Superfund Amendments And Reauthorization Act On The Commercial Lending Industry: A Critical Assessment, Steven B. Bass

University of Miami Law Review

No abstract provided.

Manufacturer Liability For Asbestos Cleanup In Public Schools Under The Comprehensive Environmental Response, Compensation, And Liability Act, John M. Burke

BYU Law Review

No abstract provided.

Maine Acid Rain Study : Reports, Maine Department Of Environmental Protection

Maine Collection

Maine Acid Rain Study : Reports

Maine Department of Environmental Protection, Augusta, Maine (February, 1987).

Contents: Acid Rain Precursor Inventory and Evaluation / Modeled Sulfur Deposition in Maine / High Elevation Lake Monitoring in Maine

The Third-Party Defense To Hazardous Waste Liability: Narrowing The Contractual Relationship Exception, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article focuses on one of the defenses to CERCLA liability, specifically, the third-party defense set forth in section 107(b)(3) of the Act [CERCLA § 107(b)(3), 42 U.S.C. § 9607(b)(3) (1982)] ... The particular concern of this article is with the meaning of the contractual relationship exception contained within the third-party defense provision. Although a partial definition of the term "contractual relationship" was added by the 1986 CERCLA amendments, this exception, if misapplied, could make the already narrow third-party defense overly narrow. Potential for such misapplication by the courts is present because the contractual relationship exception remains inadequately defined even …

Natural Resources Law Center: Five Year Report, 1982-1987, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

25 p. : ill. ; 28 cm

Resource Law Notes Newsletter, No. 10, Jan. 1987, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Environmental Benefits Of Tax Reform, Brent Blackwelder

University of Baltimore Law Forum

No abstract provided.

Thinning Air, Better Beware: Chlorofluorocarbons And The Ozone Layer, Melissa S. Lobos

Penn State International Law Review (1982 - 2011)

This comment reviews the significant international measures taken to study, regulate and curtail problems caused by chlorofluorocarbons in the ozone layer, including the adoption of the "Montreal Protocol on Substances that Deplete the Ozone Layer" by twenty-four countries and the European Economic Community in September, 1987. Universal acceptance is proposed in order to solve the major problems of enforcing· regulatory actions, and to foster the development of alternatives to chlorofluorocarbons.

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Articles

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …

The Public Trust Doctrine In Washington, A. Reid Allison Iii

Seattle University Law Review

This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”

Midlantic National Bank V. New Jersey Department Of Environmental Protection: Supreme Court Balances Objectives Of The Bankruptcy Code With State Environmental Laws, Jill C. Kosmin

Loyola University Chicago Law Journal

No abstract provided.

United States V. Tull: The Right To Jury Trial Under The Clean Water Act-The Jury Is Still Out, Erica B. Clements

University of Miami Law Review

No abstract provided.

Constitutional Law - Congressional Abrogation Of The Eleventh Amendment - States Are Not Subject To Suits In Federal Court Brought By Private Parties Pursuant To The Comprehensive Environmental Response, Compensation And Liability Act, David M. Augustine

Villanova Law Review (1956 - )

No abstract provided.

Interstate Banking And Branch Banking In Texas: An Overview Of The Constitutional And Statutory Provisions., Kimberly Cauthorn

St. Mary's Law Journal

Abstract Forthcoming.

Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.

Articles

This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the …

Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan

St. Mary's Law Journal

Abstract Forthcoming.

A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo

UF Law Faculty Publications

Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damages awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, …

Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …

Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech

St. Mary's Law Journal

Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …

Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley

St. Mary's Law Journal

Abstract Forthcoming.

Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling

St. Mary's Law Journal

Abstract Forthcoming.

Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.

Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.

St. Mary's Law Journal

Abstract Forthcoming.

A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts

St. Mary's Law Journal

The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …