Law Commons^™

The Impact Of The Federal Water Pollution Control Act On The Discharge Of Sanitary Waste From United States Navy Ships, William G. Fidyk

Marine Affairs Theses and Major Papers

During the late 1960's and early 1970's several significant pieces of environmental legislation were enacted. These pieces of legislation were designed to restore, improve, preserve and protect our natural resources. The legislation with the most impact on the United State Navy and Naval vessels has been the Federal Water Pollution Control Act. In order to meet the statutory requirements of the Clean Water Act, the United States Navy had to embark on a program to: modify existing vessels with Marine Sanitation Devices (MSD's) and install such devices on new construction ships.

The Hazards Of New York Hazardous Waste Regulation, Cheryl Possenti

In the Public Interest

No abstract provided.

Pennsylvania's Technologically Impossible Air Pollution Standards Upheld, J. Michele Guttmann

Natural Resources Journal

No abstract provided.

Tribal Severance Taxes - Outside The Purview Of The Commerce Clause, Susan Tixier

Natural Resources Journal

No abstract provided.

Energy: The Next Twenty Years, Michigan Law Review

Michigan Law Review

A Review of Energy: The Next Twenty Years by A Study Group Sponsored by the Ford Foundation Administered by Resources for the Future

Comment: Swcb V. U.S. Titanium Corp, Or "The Chancellor's Foot", Mark J. Lafratta

William & Mary Environmental Law and Policy Review

No abstract provided.

New Controls Over Surface Mining, Bruce B. Glendening

William & Mary Environmental Law and Policy Review

No abstract provided.

Institute For Environmental Negotiations Created, John M. Jeffords

William & Mary Environmental Law and Policy Review

No abstract provided.

Orders Issued In United States V. City Of Hopewell, John M. Jeffords

William & Mary Environmental Law and Policy Review

No abstract provided.

Should Birds Have Standing?, Mark J. Lafratta

William & Mary Environmental Law and Policy Review

No abstract provided.

Viii. Environmental Law

Washington and Lee Law Review

No abstract provided.

Congress Passes Version Of Superfund, Leslie Sue Ritts

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia's Water Quality Management Evaluated At Environmental Conference, Susan C. Watkins, W. Henry Lawrence

William & Mary Environmental Law and Policy Review

No abstract provided.

Nuclear Power And Legal Advocacy, Michigan Law Review

Michigan Law Review

A Review of Nuclear Power and Legal Advocacy by Constance Ewing Cook

Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …

Introduction: Emerging International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.

Municipal Ordinances For Historic Preservation In New York State, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Mandated State agency action for historic preservation and encouragement to new local initiatives is found in the N.Y.S. Historic Preservation Act of 1980, Article 14 of the Parks and Recreation Law, L. 1980, Ch. 354 (A. 11779-A). Members of the NYSBA interested in following developments in Historic Preservation Law may wish to participate in the Historic Preservation Law Committee of the Association's new Section on Environmental Law.

Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe

Faculty Scholarship

Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.

Navigable Water Not Always Subject To Free Public Access, Maureen Mcguinness

Natural Resources Journal

No abstract provided.

Supreme Court Fails To Reach Inverse Condemnation Issue, Scott Hancock

Natural Resources Journal

No abstract provided.

Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra

Fordham Urban Law Journal

This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …

The Boundary Waters Canoe Area Wilderness Act Of 1978: Regulating Nonfederal Property Under The Property Clause, Eugene R. Gaetke

Law Faculty Scholarly Articles

In an effort to resolve the nagging controversy over the management of more than one million acres of public forests, lakes, and streams in northeastern Minnesota, Congress enacted the Boundary Waters Canoe Area Wilderness Act of 1978 (BWCA Act). Despite its objective, the Act has engendered further controversy. Particularly troublesome are several provisions that regulate the use of motorboats on lakes within and partly within the area. Those provisions test the scope of congressional power over nonfederal property under the property clause of article IV of the United States Constitution.

This Article examines the aged Supreme Court cases under which …

In Order To Have Water: Legal, Economic And Institutional Barriers To Water Reuse In Northern New England, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

The maintenance of adequate water supplies to meet increasing demand upon residential and industrial users in New England is now an urgent concern. Encouragement of water reuse is one of the ways in which water conservation can be implemented. This Article, synthesized by the authors from their technical report, examines current legal and institutional methods of promoting water reuse and conservation. They analyze their effectiveness and argue that legal and political reform is needed to achieve the ends of water conservation. I

Osha After Ten Years: A Review And Some Proposed Reforms, Mark A. Rothstein

Vanderbilt Law Review

This Article reviews the first ten years of rulemaking, enforcement, and adjudication under the Act. The Article identifies various problem areas that have developed in these activities and for each area discusses whether past and present efforts to meet the problems have been adequate. In light of the Act's troubled history, the Article suggests several amendments to the Act, as well as administrative reforms, to facilitate the Act's implementation. The Article does not, however, attempt to address all of the myriad legal and policy issues or all of the Act's provisions that would benefit from congressional redrafting. Instead, the Article …

Anywhere But Here: An Introduction To State Control Of Hazardous-Waste Facility Location, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown

Kentucky Law Journal

No abstract provided.

Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie

Seattle University Law Review

This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …

Ocean Thermal Energy Conversion: The Codification Of A Potential Technology, Maureen O`C. Walker, Murray A. Bloom

Vanderbilt Journal of Transnational Law

Rapid technological advancement has been the hallmark of post-industrial societies for more than a quarter of a century. This progress is forever disrupting our established legal systems. Nowhere is this tension more evident than in the discoveries of the developing energy industry. An exception to this process is the infant industry of ocean thermal energy conversion (OTEC). The United States Congress recently enacted legislation establishing the legal framework for the OTEC process, which has not yet been proven on a commercial scale.

OTEC is a form of solar energy that takes advantage of the vertical temperature differentials in those regions …

Acid Precipitation In North America: The Case For Transboundary Cooperation, Douglas M. Johnston, Peter Finkle

Vanderbilt Journal of Transnational Law

Long-range air pollution has emerged as a serious environmental problem in Europe and North America since the early 1950s. The most critical aspect of this problem is the movement over very long distances of airborne pollutants which eventually are deposited in harmful acid compounds. These pollutants originate in a multiplicity of stationary and mobile emission sources. Because the original pollutants undergo chemical changes during the atmospheric transport, the pollutants which ultimately cause damage are chemically different from the original emissions. Moreover, the pollutants, which are usually deposited in the form of rain or snow, cause harm only in special physical …

The Role Of Unilateral State Action In Preventing International Environmental Injury, Richard B. Bilder

Vanderbilt Journal of Transnational Law

This discussion suggests that unilateral state action to prevent international environmental injury is likely to play an important and continuing role in efforts to deal with international environmental problems. It also suggests the futility of attempting to characterize unilateral action as inherently either desirable or undesirable. While multilateral actions seem generally preferable to unilateral action, effective multilateral arrangement in many cases may not be practically attainable. Unilateral action may be the only feasible alternative to inaction. Under these circumstances, a respectable argument can be made for the propriety of unilateral action on at least an interim basis pending achievement of …