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Full-Text Articles in Law

No Implied Effect: The ‘Safe’ Fcc Cell Phone Radiation Standard And Tort Immunity By Implied Conflict Preemption, Sean M. Sherman Jan 2013

No Implied Effect: The ‘Safe’ Fcc Cell Phone Radiation Standard And Tort Immunity By Implied Conflict Preemption, Sean M. Sherman

Richmond Journal of Law & Technology

Cell phones emit low-level radiation. Constantly.


When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis Jan 2011

When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis

Richmond Journal of Global Law & Business

No abstract provided.


Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers Jan 2010

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers

Richmond Journal of Global Law & Business

Today, many military bases have become financial burdens on the federal government, as the military’s needs and systems have changed drastically since the end of the Cold War. The federal government has discovered it can save a significant amount of money by shutting down unnecessary installations and shifting the work to ongoing bases. The federal government can also make money by selling the land of former military bases to surrounding communities or private companies.


Remarks On Regulating Genetically Modified Foods In The United States, L. Val Giddings Jan 2003

Remarks On Regulating Genetically Modified Foods In The United States, L. Val Giddings

Richmond Journal of Law & Technology

Thank you. I’m glad to be here today. Before I launch into my prepared remarks, I do want to correct a couple of things that Greg has just told you. Just for full disclosure, Greg and I shared an office about eighteen years ago when we both worked for the Congressional Office of Technology Assessment. When I arrived in Washington, I spent five years working as an analyst on these sorts of issues. So as I’m about to pound on Greg for knowing a number of things that don’t happen to be true, please be aware that I’m not really …


The Strategic Alternative: How State Takings Statutes May Resolve The Unanswered Questions Of Palazzolo, Michael A. Culpepper Jan 2002

The Strategic Alternative: How State Takings Statutes May Resolve The Unanswered Questions Of Palazzolo, Michael A. Culpepper

University of Richmond Law Review

In a world of "Hobbesian stick[s]" and "Lockean bundle[s]," analytical confusion should be expected. Indeed, critics describe the world of federal takings jurisprudence as "an unworkable muddle," as "a jumble of confusing holdings," and as a body of law existing in "doctrinal and conceptual disarray." Since the United States Supreme Court first considered the regulatory takings issue in Mugler v. Kansas, the Court's inconsistent application of the doctrine has largely conformed to criticism. Governed by abstruse metaphors' and ad hoc analysis, the Court acknowledges its imprecision 9 and often relies upon it.


Treaty Congestion In International Environmental Law: The Need For Greater International Coordination, Bethany Lukitsch Hicks Jan 1999

Treaty Congestion In International Environmental Law: The Need For Greater International Coordination, Bethany Lukitsch Hicks

University of Richmond Law Review

The number of multilateral environmental agreements in the international community has proliferated greatly since the 1972 United Nations Conference on the Human Environment held in Stockholm, Sweden. When the conference was held in 1972, there were approximately three dozen multilateral environmental agreements in existence. In 1989, the United Nations' Environmental Programme (UNEP) Register of Environmental Agreements listed a total of 139 treaties. Today, there are more than 900 international legal instruments, including treaties and binding or non-binding agreements that "are either focused on [the] environment or contain one or more important provisions concerned with the environment." This growth and success …


Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson Jan 1999

Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson

University of Richmond Law Review

The National Environmental Policy Act of 1969 (NEPA) was the first major environmental law in the United States. The statute "was devised to establish a comprehensive national policy which would ... guid[e] federal activity and provid[e] for a coordinated, informed approach toward dealing with environmental problems." Since NEPA's enactment, agencies have been "required to prepare environmental analyses, with input from the state and local governments, Indian tribes, the public, and other federal agencies, when considering a proposal for a major federal action." Although most of the environmental impact assessment law in the world is modeled on NEPA and the impact …


Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield Jan 1994

Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield

University of Richmond Law Review

In recent years, there has been an increasing recognition of the need to address the complex and interrelated impacts that result from human interaction with the environment. One of the most effective tools for evaluating these impacts has been the preparation of programmatic environmental impact statements (EISs) pursuant to the National Environmental Policy Act of 1969 (NEPA). The status of programmatic EISs, however, has been called into question by the Supreme Court's decision in Lujan v. National Wildlife Federation, which has been interpreted by numerous commentators as heralding the end of "programmatic" environmental lawsuits. Even more significantly, Lujan has been …


Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee Jan 1992

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.


Environmental Liens And Title Insurance, Robert S. Bozarth Jan 1989

Environmental Liens And Title Insurance, Robert S. Bozarth

University of Richmond Law Review

Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.


Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison Jan 1984

Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison

University of Richmond Law Review

When President Nixon signed the National Environmental Policy Act (NEPA) on January 1, 1970, he declared that the new statute marked the arrival of the time for environmental action. The quantatitive measures of legislative and judicial activity during the ensuing decade suggest that he accurately captured the mood of the times, for the 1970's produced a flurry of new and amended statutes as well as a veritable explosion in environmental litigation. As a result of this burst of energy, environmental law has emerged as an important legal speciality that now commands the attention of law schools, government lawyers, and the …


Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott Jan 1984

Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott

University of Richmond Law Review

In July of 1982, the Marline Uranium Corporation announced the discovery of a major deposit of commercially minable uranium in southside Virginia, the first major find east of the Mississippi River. Marline and the Union Carbide Corporation are planning a $200 million mining and milling complex to develop the deposit. The operation is projected to create 900 new jobs and bring $4.3 million in yearly tax revenues to Virginia and to Pittsylvania County.


Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller Jan 1981

Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller

University of Richmond Law Review

In recent years, there has been growing judicial concern about the fairness of action by administrative agencies and the ability of courts to effectively review this action. This concern stems from the increased use of informal procedures by agencies promulgating rules or orders, to accomplish the congressional objectives set out in their substantive statutes. In response, certain federal courts of appeal have begun to impose upon these agencies more procedural safeguards than are required by either the Administrative Procedure Act (APA) or substantive statutes. These judicially imposed safeguards are more commonly known as hybrid procedures.


Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean Jan 1980

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 …


Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk Jan 1979

Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk

University of Richmond Law Review

The first comprehensive legislation for the protection of endangered species was the Endangered Species Conservation Act of 1966. It provided for "a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife ... that are threatened with extinction."' In 1969, Congress expanded the Act in several important respects; however, it became apparent, as stated in 1972 by President Nixon, that the existing legislation "simply [did] not provide the kind of management tools needed to act early enough to save a vanishing species."'


Mr. Justice Powell's Standing, Gary C. Leedes Jan 1977

Mr. Justice Powell's Standing, Gary C. Leedes

University of Richmond Law Review

Some may lament the results of Mr. Justice Powell's attempts to clarify the law of standing. Indeed, public interest lawyers who advocate granting standing on a surrogate basis to individuals who are members of a large unorganized class of diffuse interests have cause to complain about a return to a more orthodox conception of standing. However, Mr. Justice Powell has a different outlook, viz., in a democratic society, a federal court is not necessarily an appropriate or the most effective institution to redress the grievances of people upset by alleged lawless government action.


Land Use Law In Virginia Jan 1975

Land Use Law In Virginia

University of Richmond Law Review

In Virginia and throughout the United States, pressures have been building which are forcing the law of land use planning to a watershed in its development. In response, governments at all levels have been striving to find means of ensuring that the resulting change be in a direction that benefits the greatest number of their citizens. Likewise, the attorney practicing in this area of the law needs to recognize the possibility of fundamental changes, to understand the pressures precipitating an altered legal framework, and to appreciate the complex ramifications of his decisions involving questions of land use. Only through this …


Nepa: Full Of Sound And Fury? Jan 1971

Nepa: Full Of Sound And Fury?

University of Richmond Law Review

Man has been, is, and will continue to be dependent upon the environment for the essential and non-essential components of his existence. In twentieth century America, the inevitable realization that environmental resources are not infinite has fostered an increased interest in stemming the tide of ecological devastation now being carried out in the name of progress and technological convenience.