Law Commons^™

An Appreciative Note On Mr. Justice Douglas' View Of The Court's Role In Environmental Cases, Patrick Baude

Indiana Law Journal

No abstract provided.

The Wilderness Act Of 1964: Where Do We Go From Here?, Dee V. Benson

BYU Law Review

No abstract provided.

Federal Environmental Requirements, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Urban Water Management Of An International River: The Case Of El Paso-Juarez, J. C. Day

Natural Resources Journal

No abstract provided.

Legal Institutions And Pollution: Some Intersections Between Law And History, Jan G. Laitos

Natural Resources Journal

No abstract provided.

The Concept Of State And Local Relations Under The Czma, William C. Brewer Jr.

William & Mary Law Review

No abstract provided.

Models For Implementing The Czma's Concept Of State-Local Relations, Lee E. Koppelman

William & Mary Law Review

No abstract provided.

Achieving Federal-State Coordination In Coastal Resources Management, Marc J. Hershman

William & Mary Law Review

No abstract provided.

Nepa And The Czma: The Environmental Impact Statement And Section 306 Guidelines, Francis X. Cameron

William & Mary Law Review

No abstract provided.

Data Management In Coastal Zone Planning, William R. Miller, Scott C. Whitney

William & Mary Law Review

No abstract provided.

Siting Of Energy Facilities In The Coastal Zone - A Critical Regulatory Hiatus, Scott C. Whitney

William & Mary Law Review

No abstract provided.

An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers

Indiana Law Journal

No abstract provided.

A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock

Indiana Law Journal

No abstract provided.

Cases And Materials On Environmental Law And Policy, By Eva H. Hanks, A. Dan Tarlock, And John L. Hanks, N. William Hines

Indiana Law Journal

No abstract provided.

Disqualification For Bias- Indiana In Prespective, John Philip Updike

IUSTITIA

In 1943, the Indiana Legislature created a Stream Pollution Control Board;' in 1961, it created an Air Pollution Control Board; and then in 1972, the Legislature created an Environmental Management Board to coordinate and facilitate the efforts of the air and stream boards. The concern within the State Legislature for the environment reaches back more than two decades, and it would appear that the policy of the State is to become progressively more active in this area. However, the effectiveness of State programs to protect the Hoosier environment is necessarily dependent upon the dedication of those persons sitting on the …

Cases And Materials On Environmental Law And Policy, By Eva H. Hanks, A. Dan Tarlock, And John L. Hanks, Lynton K. Caldwell

Indiana Law Journal

No abstract provided.

Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.

State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning

University of Michigan Journal of Law Reform

Michigan's citizens, as well as its government, seem but dimly aware of the fact that Michigan-the home of America's most growth-centered industry, the automobile-lies at the very eye of the environmental storm. This article seeks to take a broad look at the shortcomings of Michigan's environmental protection in recent years. In so doing, it groups many of Michigan's recent environmental failings into broad categories which will both clarify the status of Michigan's environmental law climate and provide a basis for its reform. Parts One and Two consist of this analysis and evaluation. Part Three will examine possible solutions and offer …

Drinking Water Regulation, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.

Minute No. 242 - Permanent And Definitive Solution To The International Problem Of The Salinity Of The Colorado River, International Boundary And Water Commission

Natural Resources Journal

No abstract provided.

Train V. Natural Resources Defense Council: The Genesis Of A New Era Of Federal-State Relationships In Air Pollution Control, Michael L. Hardy

Cleveland State Law Review

The purpose of this article is to analyze the Supreme Court's decision in Train v. Natural Resources Defense Council, Inc., and to assess its impact on the federal-state relationship under the Clean Air Act. In order to understand the implications of the Court's decision, it is first necessary to examine briefly the federal-state relationship envisioned by Congress in the legislative history surrounding the 1970 amendments and then consider the decisions of various courts interpreting that relationship.

Case Note: Environmental Law - Harlem Valley Transportation Association V. Stafford, 500 F.2d 328 (2d Cir. 1974), Helen Gerard

Fordham Urban Law Journal

This Case Note analyzes the Second Circuit's decision in Harlem Valley Transportation Association v. Stafford, which held that the interstate commerce commission, as the responsible agency, must make the threshold determination of whether an environmental impact statement is required under NEPA. The court further held that if the statement is required, the commission staff must prepare and circulate a draft impact statement prior to a hearing before an administrative judge.

Environmental Interest Litigants Are Not Entitled To An Award Of Fees For Promoting Public Interests Absent Statutory Authorization. Alyeska Pipeline Service Co. V. Wilderness Soc'y, 421 U.S. 240 (1975)., Michael T. Cornacchia Iii

Fordham Urban Law Journal

The Wilderness Society and other interested groups brought suit in the district court, seeking to enjoin construction of the Trans-Alaskan Pipeline on the grounds that: (1) the right of way granted the defendant violated the width restrictions of Section 28 of the Mineral Lands Leasing Act of 1920 and (2) the environmental impact statement required under Section 4321 of the National Environmental Policy Act (NEPA) was inadequate. The district court, after granting a preliminary injunction, reversed itself by dissolving the preliminary injunction and denying permanent relief. The Court of Appeals for the District of Columbia Circuit reversed, holding that the …

Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Federal And State Regulations Pertaining To Systematic Collections. I. A Case Of Inadvertent Violation Of Federal Regulations, Jerry R. Choate, Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

On 25 April 1975, at the twenty-second annual meeting of the Southwestern Association of Naturalists (SWAN), at the University of Oklahoma Biological Station, President Keith A. Arnold appointed Jerry Choate to investigate current regulations pertaining to collection and transport of scientific specimens in the region of representation (including Mexico) or SWAN. This charge involves both Federal and State laws, several of which are undergoing change and many of which doubtlessly are not familiar to the membership of SWAN. In order that SWAN members might be made aware of these regulations and not unwittingly commit violations, it was decided that SWANEWS …

Recent Developments--Recent Decisions, Philip B. Barr, Jr., Michael Stukenberg

Vanderbilt Journal of Transnational Law

All nations recognize the enormous problem of marine pollution. The sources of marine pollution are definable, and there are methods by which these sources may be restricted. Virtually all mankind would prefer less pollution to more. Prevention, however, becomes less attractive in light of its costs, which assume both political and economic characteristics. Varying political and economic climates coupled with problems of sovereignty and national self-interest render agreement on the imposition of standards difficult. This Recent Development will chart past and present efforts at the preservation of the marine environment, consider the issues confronting the United Nations Third Conference on …

State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning

University of Michigan Journal of Law Reform

In Part One of this article, the author outlined the scope and character of Michigan's environmental problems and suggested some of the factors underlying the state's weak and bureaucratic decisionmaking process. Part Two concludes the author's analysis of the fundamental obstacles to effective environmental decisionmaking in Michigan, and Part Three will contain recommendations for reform.

Regulation Of Municipal Solid Waste Through Taxation: The New York Recycling Incentive Tax, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney

Faculty Publications

No abstract provided.

Some Regulatory Implications Of Technology Assessment, Michael S. Baram

Faculty Scholarship

To conclude this wide-ranging panel discussion, I want to briefly address two aspects of regulation which have been troublesome, and for which Technology Assessment may be particularly useful.

The first aspect, which relates to radiation and other hazardous substances in general, is the increasingly important regulatory function of forcing the development and application of appropriate control technologies on industry-normally, the development and application of devices and techniques to protect public and worker health and safety. The question becomes: Is the regulatory program appropriately forcing and guiding necessary advances in control techniques and their timely use?