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1978

Natural Resources Law

Articles 1 - 20 of 20

Full-Text Articles in Law

Reclaiming Coal Surface Mines In Central Appalachia: A Case Study Of The Benefits And Costs, Richard C. Ausness, Alan Randall, Oren Grunewald, Sue Johnson, Angelos Pagoulatos Nov 1978

Reclaiming Coal Surface Mines In Central Appalachia: A Case Study Of The Benefits And Costs, Richard C. Ausness, Alan Randall, Oren Grunewald, Sue Johnson, Angelos Pagoulatos

Law Faculty Scholarly Articles

Regulatory alternatives for the surface mining industry have come under intense public and political scrutiny in recent years. Recent studies have found that the impacts of federal surface mine reclamation regulations' will be noticeable, but perhaps not as substantial as some had expected. Nationwide, coal production from surface mines would be reduced by about five percent, with a similar increase in underground coal production. The federal reclamation legislation, depending on the regulations eventually adopted for its implementation, is unlikely to be a major disruptive influence in the coal industry or a substantial impediment to the long-run national goal of increased ...


Implementing Federal Environment Policies: The Limits Of Aspirational Commands, James A. Henderson Jr., Richard N. Pearson Nov 1978

Implementing Federal Environment Policies: The Limits Of Aspirational Commands, James A. Henderson Jr., Richard N. Pearson

Cornell Law Faculty Publications

No abstract provided.


Washington V. Washington State Commercial Passenger Fishing Vessel Assn., Lewis F. Powell Jr. Oct 1978

Washington V. Washington State Commercial Passenger Fishing Vessel Assn., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman Oct 1978

Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman

Natural Resources Journal

No abstract provided.


Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee Oct 1978

Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee

Natural Resources Journal

No abstract provided.


Proposed Rules For Administering The Acreage Limitation Of Reclamation Law, Nancy Jones Oct 1978

Proposed Rules For Administering The Acreage Limitation Of Reclamation Law, Nancy Jones

Natural Resources Journal

No abstract provided.


Herring, Sardines, And Foreign Affairs: Determination Of Optimum Yield Under The Fishery Conservation And Management Act Of 1976—Maine V. Kreps, 563 F.2d 1043 (1st Cir.), Remanded, No. 77-45-Sd (S.D. Me. Aug. 26, 1977), Aff'd, 563 F.2d 1052 (1st Cir. 1977), William H. Beaver, Jr Oct 1978

Herring, Sardines, And Foreign Affairs: Determination Of Optimum Yield Under The Fishery Conservation And Management Act Of 1976—Maine V. Kreps, 563 F.2d 1043 (1st Cir.), Remanded, No. 77-45-Sd (S.D. Me. Aug. 26, 1977), Aff'd, 563 F.2d 1052 (1st Cir. 1977), William H. Beaver, Jr

Washington Law Review

This note will analyze the major issue of Maine v. Kreps, whether Secretary Kreps fulfilled the FCMA's requirements in her determination of optimum yield. This issue is discussed in two parts. First, the criteria expressed in the preliminary management plan are analyzed in light of the relevant provisions of the FCMA. Second, the inclusion of foreign policy considerations in the optimum yield calculations (a factor not discussed in the preliminary management plan) is analyzed by (1) inferring from the Maine opinion the proper use of foreign policy in management decisions, and (2) suggesting criteria which may affect the role ...


The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy Oct 1978

The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy

Washington Law Review

The Washington Supreme Court held in Puget Sound Gillnetters Association v. Moos that the State Director of Fisheries did not have authority to issue regulations required by a federal court order guaranteeing treaty Indians the opportunity to catch specific percentages of various salmon runs. After attempting to act in the face of conflicting interpretations of his powers, the Director eventually bowed to the state court's determination and refused to promulgate the regulations. To implement its order, the federal court assumed control of the Washington salmon fisheries. This conflict between the federal and state court decisions raises two general questions ...


Including Geothermal Resources Within The Mineral Estate : The Need For A Statutory Rule Of Presumption Sep 1978

Including Geothermal Resources Within The Mineral Estate : The Need For A Statutory Rule Of Presumption

BYU Law Review

No abstract provided.


Appeal No. 0025: Pete Karas And Wanda Karas V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review Jul 1978

Appeal No. 0025: Pete Karas And Wanda Karas V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 229


Emission Standards - Quantification And Liability, Sigrid Olson Jul 1978

Emission Standards - Quantification And Liability, Sigrid Olson

Natural Resources Journal

No abstract provided.


Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson Jul 1978

Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson

Natural Resources Journal

No abstract provided.


New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor Jul 1978

New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor

Natural Resources Journal

No abstract provided.


Standards Of Adequacy For An Eis For Off-Shore Leasing, William Moyers Jul 1978

Standards Of Adequacy For An Eis For Off-Shore Leasing, William Moyers

Natural Resources Journal

No abstract provided.


Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley May 1978

Fisheries Jurisdiction And The Atlantic Salmon: Fact And Law From A Canadian Point Of View, H. Scott Fairley

Dalhousie Law Journal

Fisheries conservation has become an important if also recent concern of maritime nations with significant economic sectors heavily dependent on ocean harvests. Canada is one of these and the Atlantic salmon is certainly conspicuous among a growing number of endangered fisheries. Grossly depleted salmon runs in the Maritime Provinces once supported a burgeoning estuarial and riparine commercial fishery as well as an immensely profitable tourist industry based on sport fishing. In the past the salmon have suffered from domestic problems, chiefly pollution, for which internal remedies in the form of river clean-ups, pollution abatement and artificial inducements such as fish ...


Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen May 1978

Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen

Washington Law Review

This comment examines Washington's failure to adequately protect recreation and scenic beauty from the adverse effects of forest practices. It first describes the Forest Practices Act, then discusses the absence of Forest Practices Board regulations protecting scenic beauty and recreation. It then analyzes the preemptive effect of the Forest Practices Act and its interrelationship with other laws and regulations such as the State Environmental Protection Act (SEPA) and SEPA guidelines, the Shoreline Management Act, and local regulations. The comment concludes that further administrative and legislative action is necessary to protect recreation and scenic beauty in Washington's forests.


The Offshore Mineral Resources Agreement In The Maritime Provinces, Rowland J. Harrison Feb 1978

The Offshore Mineral Resources Agreement In The Maritime Provinces, Rowland J. Harrison

Dalhousie Law Journal

On February 1, 1977, the Prime Minister of Canada and the Premiers of Nova Scotia, New Brunswick and Prince Edward Island signed a "Memorandum of Understanding in Respect of the Administration and Management of Mineral Resources Offshore of the Maritime Provinces".' The Understanding removes a major impediment to potential development of any offshore petroleum resources of the Maritimes, after nearly ten years of federalprovincial negotiations, and more generally represents a quite unique development in Canadian constitutional relations. At the time of its execution, it was described variously as "a mile-stone in federal-regional relations ' 2 and "federalism at its best". 3


State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis Jan 1978

State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis

Faculty Publications

This article will summarize the basic structure of bed title law and will examine its current status under the recent Supreme Court decisions. It will then analyze the cases to determine the location of title of beds of federally nonnavigable inland waters when a state created from a federal territory asserts such title.


State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear Jan 1978

State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear

Natural Resources Journal

No abstract provided.


The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard Jan 1978

The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard

University of Michigan Journal of Law Reform

This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define ...