Law Commons^™

Governmental Expansion Of Recreational Water Use Opportunities, Robert Haskell Abrams

Journal Publications

The growing popularity of public boating and related water-based recreation is increasingly taxing the capacity of available lakes and strearns. As a result, accelerating demands have been made for public use of otherwise unavailable, "private" bodies of water. Although existing 'economic' and governmental mechanisms to expand recreational opportunities may be adequate in theory, they have failed to respond to these new demands coherently." This Article proposes that government enjoys additional power to increase the public's opportunity for water-based recreation.

The purpose of this Article is to lay a comprehensive, doctrinal foundation for broad governmental action. Simultaneously, this Article counsels a …

Domestic And International Liability For The Bay Of Campeche Oil Spill, Hilde D. Preston

Maryland Journal of International Law

No abstract provided.

Ecology, Growth And Law, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Protection For Trade Secrets Under The Toxic Substances Control Act Of 1976, Paula R. Latovick

University of Michigan Journal of Law Reform

This article will examine the protection provided by the Act and the measures the EPA has adopted for implementing the Act's provisions. The approach will be to focus on the different functional areas in which disclosure may take place. Part I examines the scheme for designating information as confidential and the mechanics of the reporting system under TSCA. Part II deals with disclosures of confidential information made while implementing the TSCA. Part III focuses on legal disclosures of information submitted as confidential. Finally, Part IV examines the measures taken within the EPA to guarantee the safety of confidential information, the …

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1980. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee.

Supreme Court Denies Extension Of Federal Regulation Of Natural Gas Producers, Lee Peters

Natural Resources Journal

No abstract provided.

Mineral And Surface Rights Under The Doctrine Of Accretion, M. H. Schwarz

Natural Resources Journal

No abstract provided.

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean

Law Faculty Publications

When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.

The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …

The Extraterritorial Application Of Nepa Under Executive Order 12,114, Sue D. Sheridan

Vanderbilt Journal of Transnational Law

On January 5, 1977, President Carter issued Executive Order No. 12,1142 (Executive Order) describing the scope of United States federal agencies' obligations to consider the environmental consequences of proposed agency actions abroad. In so doing, Carter purported to establish the sole legal authority governing agency response to the concern for the global environment. Moreover, the Executive Order was intended to resolve a heated debate over the extraterritorial applicability of the National Environmental Policy Act [NEPA] which had concerned federal agencies, courts, Congress, and the Executive Branch during three successive administrations.

The controversy focused on whether NEPA's requirement that an environmental …

Book Reviews, Robert Belton, Dr. Nasrollah S. Fatemi, Ann L. Hollick

Vanderbilt Journal of Transnational Law

Book Reviews ================

Equal Employment Policy for Women: Strategies for Implementation in the United States, Canada, and Western Europe

Ronnie Steinberg Ratner, ed.

Philadelphia, Pennsylvania: Temple University Press. Pp. xxii, 520

Reviewed by Robert Belton

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The Host State of Transnational Corporations

Juha Kuusi

England: Saxon House. 1978. Pp. 117. $25.25

Reviewed by Dr. Nasrollah S. Fatemi

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The Enclosure of Ocean Resources: Economics and the Law of the Sea

Ross D. Eckert

Stanford: Hoover Institution. 1979.Pp. xvi, 390. $16.95

Reviewed by Ann L. Hollick

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

Cultural Resource Preservation In Ohio: The Development Of Federal And State Law, Mary Ann Bagus

Cleveland State Law Review

This note will examine the legal protection afforded to cultural resources located in the state of Ohio. It will begin with a brief description of the nature of cultural resources, the dangers confronting them and the resulting efforts to protect them through appropriate legislation. The changing concepts of cultural resources and their social values will be considered in a statutory context. The development of federal preservation law will be traced from the turn of the century to the present with emphasis on the diverse approaches employed by Congress. This discussion will demonstrate that a comprehensive body of federal legislation has …

Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser

University of Michigan Journal of Law Reform

This article will examine the new regulations to assess the manner in which they will affect federal decisionmaking. Part I briefly reviews the role the NEPA process has heretofore played in agency decisionmaking and its potential for the future. Parts II, III, and IV discuss specific provisions of the new regulations which may profoundly affect the agencies. Part II examines those sections of the regulations which seek to ensure that the EIS contains the substantive information necessary to fulfill NEPA's policies. Part III discusses significant procedural changes in the environmental assessment process designed to insure that this substantive information is …

Clearing The Muddied Waters, Stephen K. Bowman

Natural Resources Journal

No abstract provided.

The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh

Seattle University Law Review

Supporters of the proposed Pacific Northwest Electric Power Planning and Conservation Act have not produced satisfactory answers to two fundamental questions. First, why does the region require significant new incentives for the construction of nuclear and coal-fired power plants? Second, why must Congress link urgently needed encouragement of conservation and renewable energy measures to the creation of such incentives?

Commencing The Decade With Environmental Reform: The 1980 Kentucky General Assembly Implements The Resource Conservation And Recovery Act Of 1976, Henry L. Stephens Jr.

Kentucky Law Journal

No abstract provided.

Federal Protection Of Unique Environmental Interests: Endangered And Threatened Species, Ronald H. Rosenberg

Faculty Publications

Endangered species protection has long been favored by many Americans, who watched regretfully as the numbers of American eagles, buffaloes and other species dwindled toward extinction. Only recently, however, has species protection become a matter of public controversy, subsumed in the more general "development v. environment" debate. In this Article, Professor Rosenberg surveys the federal government's role in species protection, with a special focus on the Endangered Species Act of 1973. Prompted by the much-publicized Supreme Court decision in the "snail darter case"--TVA v. Hill-Congress extensively amended the Act in 1978. After a detailed analysis of these amendments, Professor Rosenberg …

The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson

Seattle University Law Review

For the past four decades, the Bonneville Power Administration(BPA) has played a singular and powerful role in developing the Northwest regional electric power system, and indirectly in the regional economy that system supports. The federal government's decision during the first half of this century to develop multi-purpose water resource projects led to the construction of many dams, most of them in the Western United States, most built since the mid-1930s, and most including hydroelectric generation. As we enter the 1980s, fundamental changes have occurred. Historically, BPA has had sufficient resources to sell power to any utility or other customer in …

Virginia Fisheries And The Environment: Proceedings, William & Mary Law School, Virginia Marine Resources Commission, Virginia Institute Of Marine Science

One-Time Conferences: Programs

Held December 8, 1979 at the Colonial Williamsburg Lodge.

Funded by the Virginia Environmental Endowment. Sponsored by the Marshall-Wythe School of Law, with the cooperation of the Virginia Marine Resources Commission and the Virginia Institute of Marine Science.

Symposium Participants (in order of appearance): Perkins Wilson, L. Eugene Cronin, Luie Fass, Ivar Strand, Carl L. Herring, Jr., J.B. Jackson, Herbert M. Austin, James Chambers, Robert R. Huggett, Ronald Gregory, John Wedin, Turner Smith, Jackson Davis, William M. Feinberg, James F. McHugh, John M. DeMaria, Jr., N. Bartlett Theberge, Evelyn M. Hailey, Allen W. Haynie, and Thomas J. Schoenbaum.

Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie

Michigan Law Review

This Article probes the convoluted ameliorative provisions of the 1977 Amendments in three parts. Section I deals with delayed compliance orders - orders granted to stationary sources unable to meet the statutory deadlines for compliance. Section 113( d) is the fountainhead provision, and besides a general provision for delayed compliance, it also contains specific provisions for sources unable to comply due to retirement of present facilities, due to investment in innovative facilities with the promise of greater pollution reduction in the future or due to government orders to convert from cleaner fuels to coal.

Section II analyzes two specific relief …

Conference Untangles Web Of Permit Regulations, Susan C. Watkins, Jack R. Sadler, Jeffrey M. Grass, Bruce Glendening, Larry Landry

William & Mary Environmental Law and Policy Review

No abstract provided.

Comment: Why Czma Failed, Al Barker

William & Mary Environmental Law and Policy Review

No abstract provided.

Epa Criticizes Virginia's Clean Air Implementation Plan, Leslie Sue Ritts

William & Mary Environmental Law and Policy Review

No abstract provided.

Regulatory Council Publishes Cancer Policy, Leslie Sue Ritts

William & Mary Environmental Law and Policy Review

No abstract provided.

Diamond V. Chakrabarty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pollution And Policy, Patricia V. Russo

Florida State University Law Review

By James E. Krier and Edmund Ursin. Berkeley and Los Angeles: University of California Press; London: University of California Press, Ltd. 1977. Pp. vii, 401. $15.95.

Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth

Buffalo Law Review

No abstract provided.

The Nepa Model For The Protection Of Coastal Aesthetics: The View From The Courts, James R. Piggush

Buffalo Law Review

No abstract provided.

Endangered Species Act Amendments, Ann Stromberg

Natural Resources Journal

No abstract provided.