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Articles 17461 - 17490 of 18462

Full-Text Articles in Law

Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger Jan 1985

Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.

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Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble Jan 1985

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

Articles

No abstract provided.

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Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe Jan 1985

Exhaustion Of Administrative Remedies: The Lesson From Environmental Cases, Marcia R. Gelpe

Faculty Scholarship

The law governing exhaustion of administrative remedies is complex and confusing and fosters needless litigation: litigation that is burdensome to the courts and costly to defendants, that adversely affects agency decision making and that by its very existence, wrongly influences courts to dispense with the exhaustion requirement. Exhaustion remains troublesome to the courts; many of the decisions are confusing and poorly reasoned. A reexamination of the exhaustion doctrine is called for, not only to indicate how the cases should be decided, but also to clarify the issues sufficiently to guide parties' behavior so that they may avoid litigation over exhaustion's …

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Environmental Regulation And The Constitution, James E. Krier Jan 1985

Environmental Regulation And The Constitution, James E. Krier

Book Chapters

Indirectly, at least, the Constitution provides the federal government with power to regulate on behalf of environ-mental quality, but it also sets limits on the power. It sets limits, likewise, on the regulatory power of the states. What it does not do, at present, is grant the ‘‘constitutional right to a clean environment’’ so avidly sought in the hey-day of environmental concern, the decade of the 1970s. Thus, the one unique aspect of the general topic consid-ered here has no doctrinal standing; the remaining aspects are matters of doctrine, but they are not unique to envi-ronmental regulation. It is quite …

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Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen Jan 1985

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.

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The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers Jan 1985

The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers

Cleveland State Law Review

The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law. This Article argues that statutory recourse is not only …

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The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers Jan 1985

The Discovery Rule: Fairness In Toxic Tort Statutes Of Limitations, Bill Shaw, Pat Cihon, Malcolm Myers

Cleveland State Law Review

The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law. This Article argues that statutory recourse is not only …

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Compensation For Victims Of Hazardous Substance Exposure, J. David Prince Jan 1985

Compensation For Victims Of Hazardous Substance Exposure, J. David Prince

Faculty Scholarship

Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.

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Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy Jan 1985

Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy

Cardozo Law Review

No abstract provided.

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Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson Jan 1985

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson

St. Mary's Law Journal

This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …

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Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon Jan 1985

Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon

St. Mary's Law Journal

Abstract Forthcoming.

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Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford Jan 1985

Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford

St. Mary's Law Journal

Abstract Forthcoming.

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Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry Jan 1985

Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry

St. Mary's Law Journal

Abstract Forthcoming.

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A New Twist For Texas Lemon Owners., Ayala Alexopoulos Jan 1985

A New Twist For Texas Lemon Owners., Ayala Alexopoulos

St. Mary's Law Journal

Twenty-five percent of the consumers with car warranty problems are dissatisfied with the complaint-handling process in the automobile industry and the result of their grievances. In response to the frustrations of defective car owners, Texas, along with many other states, passed a “lemon law” providing more definitive relief for consumer. Lemon laws provide a clearly defined cause of action against the manufacturer and provide the consumer with a low-cost, readily available mechanism for resolving their disputes. Most states’ lemon laws require the consumer to resort to arbitration provisions before initiating a court action if a manufacturer sets up a dispute …

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Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott Jan 1985

Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott

St. Mary's Law Journal

Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …

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Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger Jan 1985

Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger

Journal Articles

This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …

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Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy Jan 1985

Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy

Publications

No abstract provided.

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Waste To Energy: Environmental And Local Government Concerns, Kelly Outten Jan 1985

Waste To Energy: Environmental And Local Government Concerns, Kelly Outten

University of Richmond Law Review

"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …

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Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole Jan 1985

Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

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Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

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Farmland Preservation, Linda A. Malone Jan 1985

Farmland Preservation, Linda A. Malone

Faculty Publications

No abstract provided.

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Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches Jan 1985

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

Publications

No abstract provided.

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Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace Jan 1985

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.

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Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson Jan 1985

Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson

Publications

No abstract provided.

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Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler Jan 1985

Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler

Popular Media

No abstract provided.

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The Washington Environmental Policy Act, William H. Rodgers Jr. Dec 1984

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 …

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Scientific Uncertainty And The National Environmental Policy Act—The Council On Environmental Quality's Regulation 40 C.F.R. Section 1502.22, Mark Reeve Dec 1984

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 …

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The Seaward Boundary Cases, Robert H. Abrams Nov 1984

The Seaward Boundary Cases, Robert H. Abrams

Journal Publications

No abstract provided.

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Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway Nov 1984

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 …

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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 Oct 1984

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 …

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