Administrative Law Commons^™

The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess

West Virginia Law Review

No abstract provided.

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.

The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review

Michigan Law Review

This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the scope of the …

Regulation Of Municipal Solid Waste Through Taxation: The New York Recycling Incentive Tax, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Development Of The Rio Grande Compact, Raymond A. Hill

Publications

Thirty-six years have elapsed since the Rio Grande Compact of 1938, N.M.S.A. Section 75-34-3 (Repl. 1968), was entered into by Colorado, New Mexico, and Texas, and approved by the United States of America. Administration of the Compact since then has been the responsibility of many different persons, few of whom had personal knowledge of the circumstances of the negotiation of this Compact. Consequently, there has been a growing tendency towards interpretation of some of the provisions of the Rio Grande Compact in a manner contrary to the intent of those who participated in its negotiation.

Mr. Hill has intimately connected …

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.

Citizen Suits In The Environmental Field – Peril Or Promise?, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg

Michigan Law Review

This Article is concerned with the effect of NEPA on administrative decision-making. What benefits has NEPA conferred on us? What dangers have emerged? What questions remain to be clarified if NEP A's benefits are to be achieved while minimizing any negative side effects?

Federal Statutes And Government Regulation, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg

Cornell Law Faculty Publications

No abstract provided.

Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox

University of Michigan Journal of Law Reform

In 1969 Congress enacted the National Environmental Policy Act (NEPA or Act) in an effort to deal with the many environmental problems facing the United States. In the three years that the Act has been in force, a large number of suits has been filed by environmental organizations seeking to enforce the standards enunciated in NEPA. The courts hearing these cases generally agree that NEPA imposes only procedural duties on administrative agencies. This implies that the courts will merely determine whether the agency in question has complied with the procedural requirements contained in Section 102 of the Act. This further …

A National Policy For Energy, Lynton K. Caldwell

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

Natural Gas And The Federal Power Commission, Jeff Davidson

Indiana Law Journal

No abstract provided.

The National Environmental Policy Act, The Freedom Of Information Act, And The Atomic Energy Commission: The Need For Environmental Information, Alice M. Craft

Indiana Law Journal

No abstract provided.

The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus

Indiana Law Journal

Symposium: Administrative Law and the Environment: National Fuels Policy

Administrative Law And The Environment: National Fuels Policy (Symposium Preface), Walter J. Hickel

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

Balancing Environmental Considerations And Energy Demands: A Comment On Calvert Cliffs' Coordinating Committee Inc. V. Aec, A. Dan Tarlock

Indiana Law Journal

Symposium: Administrative Law and the Environment: National Fuels Policy

Michigan's Environmental Protection Act Of 1970: A Progress Report, Joseph L. Sax, Roger L. Conner

Michigan Law Review

The Michigan Environmental Protection Act of 1970 (EPA) represents a departure from the long-standing tradition under which control of environmental quality has been left almost exclusively in the hands of regulatory agencies: it gives to ordinary citizens an opportunity to take the initiative in environmental law enforcement.

Defending The Environment: A Strategy For Citizen Action, By Joseph L. Sax, A. Dan Tarlock

Indiana Law Journal

No abstract provided.

The Management Of Air Quality: Legal Structures And Official Behavior, Paul Goldstein, Robert Ford

Buffalo Law Review

No abstract provided.

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Administrative Agency And Environmental Control, Louis L. Jaffe

Buffalo Law Review

No abstract provided.

Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie

Michigan Law Review

The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.

In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review

Michigan Law Review

Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …

Water Law And Administration: The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Fletcher N. Baldwin, Jr., A. Dan Tarlock

Indiana Law Journal

No abstract provided.

Michigan Environmental Protection Act Of 1970, Susan Pearce

University of Michigan Journal of Law Reform

Widespread public preoccupation with environmental quality is a recent development, and one that has provided the impetus for a thorough examination of existing governmental structures in order to establish a functional system for the environment's protection and improvement. Commenting on this development, a leading environmental lawyer recently noted: "[T]he explosion of concern for the environment, at every private and governmental level, is the great political phenomenon of the last twelve months." As concern has grown about the quality of the environment, so too has skepticism increased about the ability of present institutions to cope with the problem. A constitutional amendment …

International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman

Michigan Law Review

In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …