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Articles 18271 - 18300 of 18447
Full-Text Articles in Law
Comment: The Constitutionality Of Local Anti-Pollution Ordinances
Comment: The Constitutionality Of Local Anti-Pollution Ordinances
Fordham Urban Law Journal
Local governments have recently expanded their efforts to abate pollution problems. The constitutionality of such local ordinances under both federal and state law, however, has not yet been adequately determined. In order to clarify the constitutional limits of local environmental laws, it is necessary to examine the relevant questions raised by both the United States Constitution and the various state constitutions. Part I of this comment will deal with the federal-local conflicts and Part II will discuss the state-local conflicts. In each of the two sections, relevant legislation in the environmental field will be discussed. Finally, a model statute will …
Jamaica Bay: An Urban Marshland In Transition, Louis J. Lefkowitz
Jamaica Bay: An Urban Marshland In Transition, Louis J. Lefkowitz
Fordham Urban Law Journal
This article will briefly examine the environmental problems that affect the lives of the hundreds of thousands of people who live adjacent to Jamaica Bay, and the extraordinary opportunities for recreation and enjoyment for which the Bay, freed of sewage, air pollution and aircraft noise, could be employed.
Legislation—The Delaware Coastal Zone Act, William M. Feigenbaum
Legislation—The Delaware Coastal Zone Act, William M. Feigenbaum
Buffalo Law Review
No abstract provided.
Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton
Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton
Journal Articles
No abstract provided.
The Federal Government And Environmental Litigation, Kent Frizzell
The Federal Government And Environmental Litigation, Kent Frizzell
Kentucky Law Journal
No abstract provided.
Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii
Pollution Control, Present And Potential: A Jurisprudential Evaluation Of Cost Allocation As An Alternative, M. G. Woodroof Iii
Kentucky Law Journal
No abstract provided.
The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson
The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson
All Faculty Scholarship
This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.
The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram
The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram
Faculty Scholarship
As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …
Judicial Protection Of The Environment: A New Role For Common-Law Remedies, Frank E. Maloney
Judicial Protection Of The Environment: A New Role For Common-Law Remedies, Frank E. Maloney
Vanderbilt Law Review
There is a tendency today to look to the legislatures to provide the cure for all environmental maladies,' and to overlook or underrate the potential of common-law remedies to assist in the proper solution of these problems. Although it is undoubtedly true that in some jurisdictions the common-law remedies have been interpreted so restrictively as to make them practically useless as tools for environmental protection, a number of forward-looking courts are developing and applying the law in a way much more favorable to the environment. Other courts that have remained uncommitted may be in a position to follow current trends …
Environmental Regulation Of Power Plant Siting: Existing And Proposed Institutions, A. Dan Tarlock, Roger Tippy, Frances Enseki Francis
Environmental Regulation Of Power Plant Siting: Existing And Proposed Institutions, A. Dan Tarlock, Roger Tippy, Frances Enseki Francis
Articles by Maurer Faculty
No abstract provided.
The Refuse Act Of 1899: Key To Clean Water, Ross Sandler
The Refuse Act Of 1899: Key To Clean Water, Ross Sandler
Articles & Chapters
The Refuse Act of 1899, although approaching its diamond anniversary, is alive and well and providing the best legal framework for cleaning up the nation's navigable streams and their tributaries. Its absolute standard of no pollution, which is ameliorated through practical application, is to be preferred over attempts to provide elaborate statutory standards.
Public Regulation Of Water Quality In Virginia, Woodrow Turner Jr.
Public Regulation Of Water Quality In Virginia, Woodrow Turner Jr.
William & Mary Law Review
No abstract provided.
Private Remedies To Abate Water Pollution In Virginia And New Theories In Environmental Law, Leslie J. Roos
Private Remedies To Abate Water Pollution In Virginia And New Theories In Environmental Law, Leslie J. Roos
William & Mary Law Review
No abstract provided.
Puritan, Indian, And Agrarian: A Critical Essay On The History Of Law, Environmental Values, And Rhetorical Strategy., Rennard Strickland
Puritan, Indian, And Agrarian: A Critical Essay On The History Of Law, Environmental Values, And Rhetorical Strategy., Rennard Strickland
St. Mary's Law Journal
Abstract Forthcoming.
The Laws Relating To Abatement And Control Of Water And Air Pollution In North Carolina, Henry E. Poole
The Laws Relating To Abatement And Control Of Water And Air Pollution In North Carolina, Henry E. Poole
North Carolina Central Law Review
No abstract provided.
The Delaney Anticancer Clause: A Model Environmental Protection Law, James S. Turner
The Delaney Anticancer Clause: A Model Environmental Protection Law, James S. Turner
Vanderbilt Law Review
In October 1969, the artificial sweetener cyclamate was banned from sale in the United States by Secretary of Health, Education, and Welfare Robert Finch. To justify his action legally Finch chose to rely'on the so-called Delaney Anticancer Clause of the Food, Drug, and Cosmetic Act of 1938. Consequently, the Delaney Clause, with its requirement that any substance producing cancer in animals be removed from the American food supply, became an immediate center of controversy. The Secretary himself criticized the Clause as an undue restriction on administrative decision making and as an unscientific limitation on scientific discretion.
The Effect Of Sovereign Immunity On Environmental Protection Suits Against Government Officials, Richard C. Ausness
The Effect Of Sovereign Immunity On Environmental Protection Suits Against Government Officials, Richard C. Ausness
Law Faculty Scholarly Articles
A number of excellent articles have been published on the general subject of federal sovereign immunity in recent years, but most of them have been substantially concerned with legislative or judicial reform of this and related doctrines. The growing importance of environmental values as significant social and legal interests compels an examination of the relationship between sovereign immunity and the environmental protection suit. This article will trace the past and recent development of the immunity doctrine and consider its present and potential impact on environmental litigation.
The Management Of Air Quality: Legal Structures And Official Behavior, Paul Goldstein, Robert Ford
The Management Of Air Quality: Legal Structures And Official Behavior, Paul Goldstein, Robert Ford
Buffalo Law Review
No abstract provided.
Expanding The Role Of Municipal Police Power In Pollution Control: A Pragmatic Approach, Warren B. Rosenbaum
Expanding The Role Of Municipal Police Power In Pollution Control: A Pragmatic Approach, Warren B. Rosenbaum
Buffalo Law Review
No abstract provided.
Siting Power Plants In Washington State, William H. Rodgers, Jr.
Siting Power Plants In Washington State, William H. Rodgers, Jr.
Articles
No abstract provided.
The Protection Of Environmental Interests By Non-Public Action, Nathan Hershey
The Protection Of Environmental Interests By Non-Public Action, Nathan Hershey
West Virginia Law Review
No abstract provided.
Environmental Law--The Refuse Act, David Jeffrey Millstone
Environmental Law--The Refuse Act, David Jeffrey Millstone
West Virginia Law Review
No abstract provided.
Ecology Vs. Equality: The Sierra Club Meets The Naacp, Fred P. Bosselman
Ecology Vs. Equality: The Sierra Club Meets The Naacp, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Warning: Environmental Law May Be Hazardous To The Environment, Charles B. Roe
Warning: Environmental Law May Be Hazardous To The Environment, Charles B. Roe
Washington Law Review
A book review essay considering Cases and Materials on Environmental Law, by Oscar S. Gray (1970).
The Externalities Of A Torrey Canyon Situation; An Inpetus For Change In Legislation, Henry J. Mcgurren
The Externalities Of A Torrey Canyon Situation; An Inpetus For Change In Legislation, Henry J. Mcgurren
Natural Resources Journal
No abstract provided.
Air-Pollution And Its Control, By Dr. Wayne T. Sproull, David O. Tittle
Air-Pollution And Its Control, By Dr. Wayne T. Sproull, David O. Tittle
Indiana Law Journal
No abstract provided.
The Economics Of Sewage Disposal In A Coastal Urban Area - A Case Study Of The Monterey Penninsula, California, Gail Eric Updegraff
The Economics Of Sewage Disposal In A Coastal Urban Area - A Case Study Of The Monterey Penninsula, California, Gail Eric Updegraff
Natural Resources Journal
No abstract provided.
Population Control: Multidimensional Task, Joseph J. Spengler
Population Control: Multidimensional Task, Joseph J. Spengler
Vanderbilt Law Review
For several thousand years two demographic problems have periodically dogged man, population explosion and population implosion or, in less rhetorical terminology, too many people and too many people concentrated at points in space. The ineffectiveness of the solutions proposed for each of these problems has demonstrated that man's propensity for "progress" has continued to swamp his capacity to adapt to the changes he has produced. In sum, man remains confronted with the need to achieve balance between the costs of change and the costs of arresting change. Attempts at solving population problems are conditioned by the means believed available, by …
Retroactive Laws--Environmental Law--Retroactive Application Of The National Environmental Policy Act Of 1969, Michigan Law Review
Retroactive Laws--Environmental Law--Retroactive Application Of The National Environmental Policy Act Of 1969, Michigan Law Review
Michigan Law Review
On January I, 1970, Congress took a major step in the continuing struggle to control man's exploitation of his environment by enacting the National Environmental Policy Act of 1969 (NEPA). This Act, hailed by some conservationists as one of the most important environmental developments of the decade, is designed primarily to prevent the misuse and abuse of the environment resulting either directly or indirectly from federal agency activity. In essence, by establishing a broad national policy giving a strong priority to the consideration of ecological factors and by implementing procedures designed to bring agency action into line with this policy, …
An Appropriator Acquires A Vested Right In The Beneficial Use Of Water Allocated To Him But Does Not Acquire A Vested Right To The Non-Use Of Water Thus Allocated - Article 7519a Is A Retroactive Law Not Prohibited By The Texas Constitution Because It Does Not Operate As A Deprivation Of A Vested Right., Richard Gary Thomas
St. Mary's Law Journal
Abstract Forthcoming.