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Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates judicial handling of citizen suits tainted by defective notice. After reviewing the legislative history of the citizen suit provisions, the Note presents an array of judicial responses to defective notice and classifies decisions by their stringency in applying the notice provision. In the final section, the Note argues that Congress's purpose in requiring notice should determine the limits of judicial tolerance of defective notice. It concludes that courts should dismiss citizen suits unless actual notice of intent to sue, whether or not in the form specified by EPA regulations, was given sixty days before the filing of …

Siting Hazardous Waste Facilities, Assembly Subcommittee On Toxic Substances

California Assembly

No abstract provided.

Toxic Substance Contamination: The Risk-Benefit Approach To Causation Analysis, Bradford W. Kuster

University of Michigan Journal of Law Reform

This article argues that the dilemma described above requires change and proposes a new standard for causation in this type of toxic contamination case. Part I examines the difficulties posed by conventional common law relief mechanisms, and the inadequacies of existing statutory relief mechanisms. Part II scrutinizes a more lenient burden of proof standard, the risk-benefit approach, which some courts have applied when faced with situations involving scientific uncertainties. The risk-benefit approach will be applied to causation analysis in the context of damage recoveries, using the. Hemlock, Michigan, situation as a case study. Part III discusses present congressional proposals, and …

City Of Milwaukee V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Middlesex County Sewerage Authority V. National Sea Clammers Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Environmental Protection Agency V. National Crushed Stone Assn., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner

Vanderbilt Law Review

In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.

Orientation Hearing With State Agencies Regulating Toxic Substances, Assembly Subcommittee On Toxic Substances

California Assembly

No abstract provided.

The Impact Of Limited Water Availability On National Coal Policy Student Symposium - Selected Issues Concerning Increased Coal Use., Mary M. Potter

St. Mary's Law Journal

Abstract Forthcoming.

Problems Associated With The Management Of Solid Wastes: Is There A Solution In The Offing, Jeffrey M. Wakefield

West Virginia Law Review

Within the past decade, the level of environmental consciousness within our society has increased appreciably with the recognition of how delicate the ecological balance is and how easily it may be disrupted. Such consciousness has manifested itself primarily in stricter standards governing the emission of pollutants into the air and water. Unfortunately, this justifiable preoccupation with the quality of our air and water has overshadowed the needless desecration of America's land resources through the inadequate and environmentally unsound practices associated with the disposal of solid wastes. The purposes of this Note are to identify the scope of the solid waste …

Coal Utilization By Electric Utilities - The Costs Of Conversion - Introduction Symposium - Coal Utilization By Electric Utilities - The Costs Of Conversion., Robert C. Byrd

St. Mary's Law Journal

Abstract Forthcoming.

Energy Independence - The Return To Coal, Constraints On Production And Utilization Of Our Most Abundant National Energy Resource Symposium - Coal Utilization By Electric Utilities - The Costs Of Conversion., F. William Brownell

St. Mary's Law Journal

Abstract Forthcoming.

Coal Slurry Pipelines Are Ready, Willing, And Unable To Get There Student Symposium - Selected Issues Concerning Increased Coal Use., William F. Webber

St. Mary's Law Journal

Abstract Forthcoming.

Coal-Fired Electric Generating Facilities: Impediments Under Federal Environmental Legislation Symposium - Coal Utilization By Electric Utilities - The Costs Of Conversion., Thomas H. Truitt, Charles C. Abeles

St. Mary's Law Journal

Abstract Forthcoming.

Singing The Coal Train Blues: The Icc, Railroad Coal Hauling Rates, And National Energy Policy Student Symposium - Selected Issues Concerning Increased Coal Use., Suzanne B. Langford

St. Mary's Law Journal

Abstract Forthcoming.

Powerplant And Industrial Fuel Use Act Of 1978 And Possible Amendments Thereto Symposium - Coal Utilization By Electric Utilities - The Costs Of Conversion., David R. Toll, Anne W. Cottingham

St. Mary's Law Journal

Abstract Forthcoming.

Technical And Legal Considerations Immanent In The Disposal Of Commercial Nuclear Waste, Margaret D. Davidson

Theses and Major Papers

There is, currently, a flurry of activity as the present Administration, along with the United States Department of Energy and the United States Nuclear Regulatory Commission, struggles to develop a comprehensive national program for the management and disposal of radioactive wastes. The first section of the paper deals with some of the inherent technical issues. This includes a review of the origin of nuclear wastes; the hazards of the wastes, including impacts upon the biological environment; and the extent of the state of the art for disposing of such wastes. The second section is an attempt to review the scope …

Development Of The 1979 Federal Coal Management Program, Leo M. Krulitz

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

4 pages.

“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

5 pages.

The Surface Mining Control And Reclamation Act Of 1977, Hamlet J. Barry, Iii

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

48 pages.

Includes footnotes (pages 44 to 47).

The General Mining Act Of 1872, Loren Mall

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

48 pages (includes graph).

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).

The Legal Aspects Of Oil Shale Development [Outline], David E. Brody

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

5 pages.

Clean Water Act & Company: Impact On Mining, George W. Pring

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

8 pages.

National Environmental Policy Act: Its Substance, Effects, And Relationship To Mineral And Water Resource Development In The West, Robert J. Golten

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

8 pages.

The Clean Air Act And Mineral Development, Paul D. Phillips

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

16 pages (includes charts, maps, and illustrations).

Contains 3 pages of references.

The Resource Conservation And Recovery Act And Mineral Development, Robert E. Hamel

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

30 pages.

Water Rights For Western Mineral Development On Public Lands, A. Dan Tarlock

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

13 pages.

National Forest Minerals Management [Outline], Jerry L. Haggard

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

3 pages.

The Public Lands: Development Of Federal Policy, Charles F. Wilkinson

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

9 pages.