Law Commons^™

Water Development And Acquisition For A Municipal Supply, Tom Griswold

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.

In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater

University of Michigan Journal of Law Reform

Everything is connected to everything else: so goes the first law of ecology. This interconnectedness is reflected in environmental law as well, extending beyond natural science and particular resource conflicts to link environmental law intimately with the politics, philosophies, economics, and societal values that form its much larger context-an ecology of human and natural systems.

The Tellico Dam litigation reflected this interconnectedness. On its face, it was a simple environmental confrontation; it will be remembered as the "extreme" case of the little endangered fish, the snail darter, that almost stopped a Tennessee Valley Authority (TVA) dam. But if one picks …

Introduction, Joseph L. Sax

University of Michigan Journal of Law Reform

This symposium was conceived as a way of asking how much, and in what ways, environmental law had changed since its beginnings some twenty years ago. Except for Samuel Hays, a prominent historian of the environmental movement, none of the participants addresses those questions directly. By indirection, however, each one provides an answer. Far from fading away, environmental law has become institutionalized, an accepted and significant enterprise both for government and for attorneys. It was not always thus. Twenty years ago, there was probably not a single lawyer in the United States who devoted any significant part of his or …

Reducing Acid Rain In Eastern North America: The Scientific Basis For An Acid Rain Control Policy, Michael Oppenheimer

University of Michigan Journal of Law Reform

This Article presents the scientific basis for an effective acid rain control policy. Part I suggests that if a choice must be made, regulation should focus primarily on sulfur dioxide emissions rather than nitrogen oxide emissions because sulfur deposition is the major cause of watershed acidification. Part II explains the need for at least a fifty percent reduction in sulfur dioxide emissions to meet a "safe" deposition level. Part III specifies the geographical allocation of sulfur emission reductions necessary to attain target deposition levels in the northeastern United States and southeastern Canada. The Article concludes by demonstrating the need for …

Pennsylvania's Implementation Of The Surface Mining Control And Reclamation Act: An Assessment Of How "Cooperative Federalism" Can Make State Regulatory Programs More Effective, John C. Dernbach

University of Michigan Journal of Law Reform

This Article first explains the background against which Pennsylvania's implementation of SMCRA has occurred. Coal mining has had a serious and continuing effect on the State's environment, as Part I explains. In response to these effects, Pennsylvania began to regulate coal mining many decades ago. This regulatory development reached a milestone when the State achieved primacy under SMCRA in 1982.

Part II suggests that the new program in Pennsylvania has been responsible for substantial reductions in adverse environmental effects from surface coal mining, particularly less erosion and sedimentation, less acid mine drainage, and more backfilling. In addition, Part II explains …

The Dilution Of The Clean Water Act, Mark C. Van Putten, Bradley D. Jackson

University of Michigan Journal of Law Reform

This Article argues that the zero discharge goal of the Clean Water Act is more than naive rhetoric. To the contrary, it is the Act's raison d'être, and it is woven into the fabric of the Act's operative provisions. So understood, the zero discharge goal can and should provide continuing guidance for EPA's implementation of the Act.

Comment On "The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment", Michael J. Perry

William & Mary Law Review

No abstract provided.

The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt

William & Mary Law Review

No abstract provided.

Maine Yankee Shutdown Assessment: A Report To Governor Joseph E. Brennan, Maine State Planning Office

Maine Collection

Maine Yankee Shutdown Assessment: A Report to Governor Joseph E. Brennan

Maine State Planning Office, Maine Office of Energy Resources, Maine Public Advocate

Executive Department - May 1986

Contents: Legal Process / Decommissioning Constraints and Costs / Public and Economic Costs and Benefits / Apprendices

Chemical Industry Accidents, Liability, And Community Right To Know, Michael S. Baram

Faculty Scholarship

The Bhopal, India tragedy and other industrial accidents (e.g., Seveso, Flixborough, Mexico City, Institute, WV) have frightened the citizens of developed and undeveloped countries. These accidents, along with numerous hazardous waste problems, have led to a dramatic loss of public confidence in chemical industry management and their safety experts. The occurrence of such accidents also provides vivid evidence of the serious gap between government legislative promises and government performance in the actual control of industrial hazards.'

As a result, persons who believe they have been injured or put at risk by industry are now using tort law to secure private …

Resource Law Notes Newsletter, No. 8, Apr. 1986, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

How Effective Is The Federal Stripmining Law, John F. Seiberling

West Virginia Law Review

No abstract provided.

State Primacy Under The Office Of Surface Mining, Carl E. Bagge

West Virginia Law Review

No abstract provided.

Effectiveness Of The Surface Mining Control And Reclamation Act: Reclamation Or Regulatory Subversion, Louise C. Dunlap, James S. Lyon

West Virginia Law Review

No abstract provided.

States Make The Surface Mining Control And Reclamation Act Work, Jed C. Christensen

West Virginia Law Review

No abstract provided.

Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means

West Virginia Law Review

The enactment of the Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) launched a new era in the regulation of surface coal mining and the surface effects of underground mining. SMCRA ended the era of exclusive state regulation, prompted in substantial part by the perceived failure of the states to do the job effectively. Instead, there was substituted a federal program of stringent environmental controls and performance standards, accompanied by a mechanism through which the states could regain regulatory predominance. A state that wanted to regulate surface coal mining operations within its borders could develop …

Compensating Manufacturers Submitting Health And Safety Data To Support Product Registrations After Ruckelshaus V. Monsanto, Eric E. Boyd

Indiana Law Journal

No abstract provided.

Effective Implementation Of The Surface Mining Act: Give States A Chance, Daniel R. Gerkin

West Virginia Law Review

No abstract provided.

Hazardous And Solid Waste Laws And Regulations: Effects On The Mining Of Coal And Other Minerals, David B. Graham, John S. Lopatto Iii

West Virginia Law Review

No abstract provided.

Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo

UF Law Faculty Publications

This paper examines the EPA's new policy regulating plant pesticides and presents the legal, scientific and policy issues surrounding the regulation of genetically engineered plants. Part I introduces the concepts covered in this paper. Part II.A. discusses products that have originated from biotechnology. Part II.B. describes the EPA's legal authority for regulating plant pesticides and other biotechnology products. Part II.C. presents the history of federal regulation of biological pesticides and biotechnology products. Part III examines the controversy surrounding the use of genetically engineered plants, including the potential risks and benefits of genetically engineered plants and the public's perception of these …

Groundwater Contamination, Kevin B. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.

Low-Level Radioactive Waste, Kathleen E. Woodward

William & Mary Environmental Law and Policy Review

No abstract provided.

Uranium Mining In Virginia, David C. Cozad

William & Mary Environmental Law and Policy Review

No abstract provided.

Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver

Michigan Law Review

A Review of Poisoning for Profit: The Mafia and Toxic Waste in America by Alan A. Block and Frank R. Scarpitti

A Historical Essay On The Conservation Provisions Of The 1985 Farm Bill: Sodbustin, Swampbusting, And The Conservation Reserve, Linda A. Malone

Faculty Publications

No abstract provided.

Assuring Federal Facility Compliance With The Rcra And Other Environmental Statutes: An Adminsitrative Proposal, David W. Goewey

William & Mary Law Review

No abstract provided.

Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile

Articles

The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …

De"Baiting" Interstate Commerce, Down East Style, Robert H. Abrams

Journal Publications

No abstract provided.

To Sue And Not Be Sued (In State Court), Robert H. Abrams

Journal Publications

No abstract provided.

Conserving The Nation's Heritage Using The Uniform Conservation Easement Act, Ellen Edge Katz

Washington and Lee Law Review

No abstract provided.