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Articles 18271 - 18300 of 18447

Full-Text Articles in Law

Comment: The Constitutionality Of Local Anti-Pollution Ordinances Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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 Jan 1972

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. Dec 1971

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 Dec 1971

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 Dec 1971

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 Oct 1971

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 Oct 1971

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 Oct 1971

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 Oct 1971

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 Oct 1971

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. Oct 1971

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 Sep 1971

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 Sep 1971

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 Jul 1971

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 Jul 1971

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 Apr 1971

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 Apr 1971

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 Apr 1971

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 Apr 1971

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 Mar 1971

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 Mar 1971

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.