Administrative Law Commons^™

The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell

Faculty Works

No abstract provided.

Is The Growth Management Act Working? A Survey Of Resource Lands And Critical Areas Development Regulations, Gary Pivo

Seattle University Law Review

Section II of this Article begins with a summary of Washington's statutory requirements for both local resource land and critical area development regulations. Section II then reviews the circumstances under which those regulations have been adopted. Section III describes the methods used by the research team to collect and evaluate those regulations. Section IV examines whether Washington counties and cities have met their adoption deadlines. Section V describes the general approaches being taken for meeting those requirements. Section VI compares the regulations to one another in order to judge their consistency and relative restrictiveness throughout Washington. Section VII looks at …

Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi

Seattle University Law Review

Over the past twenty years, Urban Growth Areas (UGAs) have become a tool of choice to manage growth. Numerous states and local jurisdictions have mandated UGAs in hope of confining urbanization, reducing sprawl, protecting open space and resource lands, and minimizing infrastructure investment. Washington State joined the trend in 1990 when it adopted the Growth Management Act (GMA), which requires certain counties to establish UGAs as a central component of its "bottom up" growth management strategy. Nonetheless, thoughtful criticisms have been offered regarding the utility of UGAs to accomplish intended growth management goals, and concerns have emerged regarding unintended consequences …

Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz

Articles by Maurer Faculty

No abstract provided.

Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis

Seattle University Law Review

This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …

Putting The Correct "Spin" On Lucas, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.

The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce

Seattle University Law Review

When the Washington State Legislature enacted the Growth Management Act (GMA) in 1990, it established a concurrency requirement in the transportation area and authorized local governments to establish concurrency requirements in other areas such as schools, parks, and public services. This Article seeks to inform the debate as to the GMA's requirements for concurrency regulations, the key issues in implementing concurrency regulations, and statutory and constitutional limits on the implementation of regulations. After detailing the GMA's transportation concurrency requirement, the Article will discuss whether the GMA requires concurrency for public facilities other than transportation, will highlight the key issues in …

John D. Appel, Leslie Berman

Cardozo Law Review

No abstract provided.

The Four Failures Of The Political Economy, Joseph P. Tomain

Faculty Articles and Other Publications

A contemporary policy analyst accustomed to the ways of the micro economic model might admit that the effects of certain types of environmental regulation, (the placement of hazardous waste facilities, for example) might disproportionately impact the poor because it is economically prudent to locate facilities where land is the cheapest. The harsh reality of this strategy is that poor people are more likely to live in poorer sections of the country; thus, the likelihood of being closer to such a facility is higher than that of the general populace. Thus, under this hypothesis, environmental equity is classbased and dictated by …

Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …

Direct Liability For Hazardous Substance Cleanups Under Cercla: A Comprehensive Approach, Michael P. Healy

Law Faculty Scholarly Articles

In enacting the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Congress intended to impose liability for hazardous substance cleanups on all parties responsible for a site's use and contamination. However, in implementing the CERCLA liability scheme, courts have issued opinions offering unclear and misguided explanations of their decisions. The author suggests that, to properly assure CERCLA's proper operation, the basis for the imposition of liability must be clarified. To this end, the author examines the prescribed liability for individuals, parent corporations and secured creditors and explains the appropriate grounds for the responsibility of each.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Limitations Of Sovereign Immunity Under The Clean Water Act: Empowering States To Confront Federal Polluters, Corinne Beckwith Yates

Michigan Law Review

This Note considers whether civil penalties that states impose on federal agencies for violations of NPDES permits arise under federal law and thus are covered by the Clean Water Act's waiver of sovereign immunity - an issue the Supreme Court is scheduled to address during the 1991 term. Part I outlines the history of the Clean Water Act, discussing Supreme Court decisions and statutory amendments that affect the sovereign immunity provision. Part II explains the mechanics of the NPDES state permit process and examines, through analysis of statutory provisions, the degree of control retained by the EPA over individual states …

Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

49 pages (includes illustrations and maps).

Contains references.

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.

The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

171 pages.

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

20 pages.

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …

Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos

Cardozo Law Review

No abstract provided.

Distributional Consquences Of Environmental Regulation: Economics, Politics, And Environmental Policymaking, Joseph P. Tomain

Faculty Articles and Other Publications

In this article, environmental policymaking methods are explored through a fictional rediscovery in April 22, 2170 of two documents from 1991. One of the documents presents the background assumptions and technical concepts needed to design an environmental policy for the Town of Lawrenceville. The other document presents the Town of Lawrenceville with a discussion of the distributional consequences of three distinct and perhaps complementary environmental programs. The discussion of each program presents the likely distribution of benefits and costs. Each discussion concludes by speculating on the overall efficiency of the program. The recommendation is to submit the three environmental programs …

United States V. General Motors Corporation: Striking A Balance Under The Clean Air Act Between Epa Power To Penalize And The Right Of States To Tailor Revisions Of Their State Implementation Plans, Wardell Sanders

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins

Scholarly Articles

No abstract provided.

The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr

Faculty Works

No abstract provided.

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.

Legal Devices For Enhancing Water Diversion Opportunities Within The Appropriation System, David C. Hallford

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

28 pages.

Transferring Conserved Water: The Oregon Experience, Becky Kreag

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

28 pages.

Contains references.

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.