Environmental Law Commons^™

Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts

University of Richmond Law Review

In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.

Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts

University of Richmond Law Review

In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.

From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager

University of Richmond Law Review

In July 1975, officials from the Virginia State Department of Health learned that employees of the Life Science Product Company ("Life Science"), in Hopewell, Virginia, had been poisoned by a toxic chemical known as Kepone. Life Science had produced Kepone under contract for Allied Chemical Corporation ("Allied Chemical"), the original developer and manufacturer. Shortly thereafter, state officials discovered that both Life Science and Allied Chemical had unlawfully discharged Kepone into freshwater tributaries of the James River. In addition to poisoning their own employees, Life Science and Allied Chemical had also contaminated Virginia's atmosphere, soil, and wa- terways with Kepone.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.

University of Richmond Law Review

Since publication of the 1994 Annual Survey of Virginia Law' several significant judicial decisions, state statutes and state regulatory initiatives have demonstrated the increasing nexus between federal and Virginia environmental law. The federal and state courts have helped define the interrelationships between environmental law, tort law, land use law, and procedural/jurisdictional issues related to environmental law.

Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill

University of Richmond Law Review

Twenty years ago this July the happenings at a small chemical plant in Hopewell, Virginia ushered in what has since become an incident of national impact and importance. Through the prosecution of criminal cases, the filing of civil personal injury suits and the closing of the James River to fishing, the release of the chemical from the Kepone manufacturing process gained national attention.

Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf

Law Faculty Publications

These are heady times for the champions of private property rights. The U.S. Supreme Court, in Dolan v. City of Tigard, building on the foundation laid in Nollan v. California Coastal Commission and Lucas v. South Carolina Coastal Council,6 chastised a local government for its apparent failure to demonstrate that the development conditions placed on a commercial landowner were "roughly proportional" to the city's goals of floodplain protection and traffic regulation. Judges sitting on the U.S. Court of Claims ("Claims Court"), a veritable hotbed of regulatory takings activity, have issued a series of opinions resulting in hefty bills …

Introduction: Policy In The Wake Of The Kepone Incident, Joel B. Eisen

Law Faculty Publications

The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.

Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.

University of Richmond Law Review

This article addresses selected developments in environmental law occurring between the publication of the 1992 Annual Survey of Virginia Law1 and June 24, 1994. Due to significant federal litigation since publication of the 1992 Survey, this article places primary emphasis on those developments which most significantly affect potential liabilities under state and federal environmental laws. This article addresses developments in the federal and state legislative and regulatory schemes, and case law from Virginia state courts, the United States District Courts for the Eastern and Western Districts of Virginia, the United States Courts of Appeals for the District of Columbia and …

Elevated Pleading In Environmental Litigation, Carl W. Tobias

Law Faculty Publications

The recent United States Supreme Court opinion in Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit is critical to parties and attorneys who participate in environmental litigation. Leatherman proscribed the imposition of pleading requirements that are stricter than those ordinarily applied under Federal Rule of Civil Procedure 8(a). Such heightened pleading requirements compel plaintiffs to plead more facts, and courts can dismiss claims that fall short of the mark.

The Leatherman court considered civil rights actions alleging that municipalities are liable under 42 U.S.C. § 1983.2 Although Leatherman might seem of limited relevance to environmental lawsuits, its holding and …

Indian Tribal Sovereignty And The Environment, Sarah P. Campbell

University of Richmond Law Review

States and Indian tribes alike have compelling reasons for demanding regulatory jurisdiction over the Indian reservations' environments. Proponents of state regulation argue that "[a] state's ability to coordinate a successful and comprehensive hazardous waste management plan depends at least in part on state control of all hazardous waste activity within its borders." In some states, the reservations are not isolated from the activities and residents of the state. In Washington state, for example, some Indian reservations have a high percentage of non-Indian residents, and others contain cities, municipalities, and heavily industrialized areas. This "checkerboard" reservation developed from the federal government's …

Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf

Law Faculty Publications

The 1991 October Term of the United States Supreme Court can legitimately be called "Takings Term II," a sequel to the Court's regulatory takings activism of the 1986 October Term. Unlike the previous trio of Keystone, First English, and Nollan, however, the Court's contributions in Lucas, Yee, and PFZ are as significant for what the Justices did not say as for what they contributed to the pages of the United States Reports. ...

Environmental Litigation And Rule 11, Carl W. Tobias

Law Faculty Publications

The 1983 amendment to Federal Rule of Civil Procedure 11 has been the most controversial revision in the half-century history of the Federal Rules. Judges have applied amended Rule 11, which requires them to sanction lawyers and parties who do not conduct reasonable inquiries before filing papers, in over 1000 reported opinions, considerably more unreported determinations, and numerous informal contexts. The Rule has engendered much unnecessary satellite litigation and has been implemente4 inconsistently, while attorneys' fees remain the "sanction of choice" for violations. Rule 11 activity has especially disadvantaged civil rights plaintiffs and lawyers, whose lack of resources can make …

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.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Protecting The Environment: Creating A Citizen Standing-To-Sue Statute In Virginia, W. Scott Magargee

University of Richmond Law Review

Recognizing that private citizens have generally been unable to obtain judicial review of state agency decisions affecting the environment, the General Assembly of Virginia recently resolved to study whether "the citizens of the Commonwealth are provided with adequate remedies for the protection of environmental interests. . ." Specifically, the General Assembly requested that the Institute of Environmental Negotiation at the University of Virginia form a committee to examine the problem and deliver its findings and recommendations during the Assembly's 1992 Session.

Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney

University of Richmond Law Review

The article Legal Issues Affecting Local Governments in Implementing the Chesapeake Bay Preservation Act (Legal Issues or "the article") adds measurably to the growing literature on the Chesapeake Bay Preservation Act ("the Act") and offers a significant amount of historical background. However, inasmuch as the article attempts to ascribe certain areas of legislative intent on the part of the General Assembly in adopting the Act that the authors of this comment believe are inaccurate, this comment will attempt to clarify those areas of legislative and regulatory intent. Additionally, this comment will discuss the regulatory development process of the Chesapeake Bay …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, James E. Ryan Jr.

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and environmentally sensitive areas which have occurred between the publication of last year's survey and August 1, 1990.

Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid

University of Richmond Law Review

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") was enacted to facilitate prompt cleanup of property contaminated by hazardous wastes. CERCLA seeks to accomplish its goal in part by placing the financial burden of cleanup on those parties who are responsible for the problem and who benefited from the hazardous waste activity. Because environmental cleanup is a national priority and the cost of cleaning up toxic waste sites is staggering, the scope of liability under CERCLA is broad. A clean environment is a laudable goal and compelling responsible parties to bear the cost of cleanup is fair, …

Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin

University of Richmond Law Review

In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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.

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

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and pesticide regulation which have occurred between the publication of last year's survey and August 1, 1989. Not considered herein are the Chesapeake Bay Preservation Area Designation and Management Regulations promulgated by the Chesapeake Bay Local Assistance Board.

Annual Survey Of Virginia Law: Environmental Law

University of Richmond Law Review

In the past two years Virginia has seen significant legislative changes in its laws protecting public health and the environment. This article addresses not only those changes, but also the implementation of these laws by the responsible state agencies and the court cases construing those laws.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …

Federal And State Remedies To Clean Up Hazardous Waste Sites, Janis L. Kirkland, James A. Thornhill

University of Richmond Law Review

Over fifty-seven million metric tons of hazardous waste are produced as a by-product of manufacturing in the United States each year. Only ten percent of this waste is disposed of in an environmentally sound manner. The improper disposal of hazardous waste has given rise to crisis areas of national notoriety such as "Love Canal" and "Valley of the Drums." Although the danger to public health and the environment cannot be precisely calculated, the disposal of hazardous waste presents a problem that can no longer be ignored. Virginia's own experience with kepone contamination in the James River exemplifies the dangers and …

Waste To Energy: Environmental And Local Government Concerns, Kelly Outten

University of Richmond Law Review

"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill

Law Faculty Publications

The focus of this article is on the state's power of eminent domain as a means of controlling the use of scarce coastal resources. However, in order to determine whether this rather drastic exercise of governmental power is the most appropriate means of effecting its purposes, the state or its delegate must consider the alternatives. This article therefore will first examine briefly other possible means of control; it will then discuss the substantive and procedural requirements of eminent domain; and finally, it will consider problems of post-acquisition resource management.