Law Commons^™

Toward An International Standard Of Environment, George P. Smith Ii

Scholarly Articles

No abstract provided.

Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.

Environmental Law--Introduction, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Despite the vast mountain ranges, rivers, parks, coasts and forests within the bounds of its jurisdiction, the Second Circuit has had little occasion to decide many cases in the area of environmental law. Nonetheless, sufficient decisions do exist to indicate tentative outlines of the Second Circuit's disposition to date of such cases. On balance, the Second Circuit has carefully and conservatively hewed to the mandate of Congress in its construction of statutes, has mediated the competing demands of development and environmental protection, and has cautiously supported conservationists while sharply criticizing some of their tactics in administrative proceedings. This characterization can …

Electricity And The Environment: A Season Of Discontent, George P. Smith Ii

Scholarly Articles

No abstract provided.

Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel

Articles

The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …

The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley

Faculty Publications By Year

No abstract provided.

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe

Faculty Scholarship

This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …

The Constitutional Framework Of Environmental Law, Philip Soper

Book Chapters

For federal and state legislators .seeking legal solutions to environmental problems, "constitutional law" is a part of "environmental law" only in the indirect sense of providing the basic legal framework with which substantive environmental standards-like all legislative standards-must ultimately comport. When Congress, for example, enacts legislation to control pollution or to protect endangered species, the constitutional issue theoretically presented is whether such legislation exceeds limits placed by the Framers on federal legislative authority. These limits may result either from the lack of federal power to deal with the problem or from conflict between a federal regulatory scheme and the constitutional …

The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii

Villanova Law Review (1956 - )

No abstract provided.

A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson

Villanova Law Review (1956 - )

No abstract provided.

Does Petaluma Lie At The End Of The Road From Ramapo, R. Marlin Smith

Villanova Law Review (1956 - )

No abstract provided.

Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes

University of Michigan Journal of Law Reform

This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.

Aspects Of A Constitutional Right To A Habitable Environment: Towards An Environmental Due Process, Ronald E. Klipsch

Indiana Law Journal

No abstract provided.

Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969

Fordham Urban Law Journal

The National Environmental Policy Act (NEPA) was passed by Congress in 1969 declaring a policy which will promote efforts to protect the environment, to stimulate the health and welfare of man, and to enrich the understanding of the natural resources important to the nation. Under NEPA, all federal agencies must develop decision making procedures that include an evaluation of factors the agency will consider in deciding whether a proposed agency action will significantly affect the "human environment."' Federal agencies, unable to discern the meaning of "human environment," have had difficulty in deciding what factors to consider in making the threshold …

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.

The Discharge Permit Program Under The Federal Water Pollution Control Act Of 1972 - Improvement Of Water Quality Through The Regulation Of Discharges From Industrial Facilities, Joyce P. Davis, Robert J. Glasser

Fordham Urban Law Journal

There has been a significant growth of legislation designed to improve the quality of life in American by regulating the way industrial facilities interact with their environments. The new laws created by this legislation has given the federal government significant responsibilities in many areas formerly regulated by the individual states. This change in regulation is apt to impose stress on the modern industrialized society of America as a result of the impossibility to predict the overall effects of particular actions on the total system. Examining the nature of the actions and the probable direct interactions with the system, one may …

The Pyramid Lake Briefs

American Indian Law Review

No abstract provided.

Book Reviews, Richard A. Frank

Vanderbilt Journal of Transnational Law

THE INTERNATIONAL LAW OF POLLUTION

By James Barros and Douglas Johnston

New York: Free Press, 1974. Pp. xvii, 476. $12.95.

Richard A. Frank

Toward Recognition Of Nonsmokers' Rights In Illinois, Lynn F. Vuich

Loyola University Chicago Law Journal

No abstract provided.

New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article's thesis is that attorneys cannot wait any longer to begin practicing environmental law. The bar has a responsibility to insure that our laws are obeyed and implemented. In advising a client regarding compliance with environmental laws, the legal counselor has unique opportunities to advance not only the client's interests, but also the public's interest in environmental protection.

Environmental Planning - A Legal Guide To Development In Pennsylvania, William M. Eichbaum Jr.

Villanova Law Review (1956 - )

No abstract provided.

Environmental Control: Guide Or Roadblock To Land Development, R. Marlin Smith, William M. Eichbaum Jr., John M. Hyson, Daniel J. Snyder Iii

Villanova Law Review (1956 - )

No abstract provided.

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …

The Application Of The National Environmental Policy Act Of 1969 To The Darien Gap Highway Project, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Book Review. Nepa In The Courts: A Legal Analysis Of The National Environmental Policy Act By F. R. Anderson, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Zoning: Avenues Of Reform, Stanley M. Makuch

Dalhousie Law Journal

"Planning is not simply a matter of allocating land for various kinds of development. It is also concerned with the form of development and redevelopment, and with the quality of the physical environment that is produced. 'In the end what matters is not simply where development takes place: its form is equally important and the planning system will be judged by the quality of the results it produces." Although the above statement may be viewed by some to be a statement of the very obvious, and to be almost axiomatic in nature, such is not the case. A history of …

Variance Procedures Under The Clean Air Act: The Need For Flexibility

William & Mary Law Review

No abstract provided.

Village Of Belle Terre V. Boraas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dept. Of Game V. Puyallup, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.