Environmental Law Commons^™

Transboundary Air Pollution: The Legal Framework, Mark S. Squillace

Air Quality Protection in the West (November 27-28)

12 pages (includes illustrations).

Contains footnotes.

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …

The National Environmental Policy Act: No Longer A Teenager, But Not Yet Grown-Up, George W. (Rock) Pring

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

98 pages.

Contains footnotes.

The United States Experience With Air Pollution Control, A. Dan Tarlock

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

4 pages.

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.

The Political Economy Of Barry Commoner, James E. Krier

Articles

The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Publications

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.

Overview Of The U.S. System Of Environmental Law, Lawrence J. Macdonnell

Proceedings of the Sino-American Conference on Environmental Law (August 16)

25 pages (includes illustrations).

Contains 3 pages of references.

Changing Policy Roles Of Environmental Science, Devra Lee Davis

Proceedings of the Sino-American Conference on Environmental Law (August 16)

6 pages.

Contains references.

The Control Of Air And Water Pollution In The United States Of America, Stuart L. Deutsch, A. Dan Tarlock

Proceedings of the Sino-American Conference on Environmental Law (August 16)

14 pages.

Contains 2 pages of references.

Hazardous Waste Controls In The United States, 1987, David R. Andrews

Proceedings of the Sino-American Conference on Environmental Law (August 16)

10 pages.

Wilderness And Natural Area Preservation In The United States: A Survey Of National Laws, George W. Pring, Stephen Miller

Proceedings of the Sino-American Conference on Environmental Law (August 16)

32 pages.

Contains 5 pages of endnotes.

Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

79 pages.

In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

15 pages.

Citizen Suits And Civil Penalties Under The Clean Water Act, James L. Thompson

Michigan Law Review

Part I briefly describes the division that currently exists between the Fourth, Fifth, and First Circuits. Part II analyzes the arguments relating to statutory construction, focusing on statutory language and structure as illuminated by legislative history. Part III examines the broader policy considerations arising when courts decide questions of citizen suit jurisdiction under section 505. Resolution of this issue has usually entailed an extreme interpretation of section 505, either very rarely allowing suits for past violations or allowing them in all cases. Parts II and III argue that the most appropriate response to this problem is actually the less frequently …

Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

13 pages.

Contains references.

Pollution In Parks: A Publication Of The National Park Service, Richard H. Briceland

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages (includes illustrations).

Contains references.

Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

109 pages.

Contains references.

Contains 5 attachments:

1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.

2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."

3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …

Protecting National Park Resources: Wildlife, George Cameron Coggins

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages.

Contains references.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

9 pages.

The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

35 pages.

Reducing Acid Rain In Eastern North America: The Scientific Basis For An Acid Rain Control Policy, Michael Oppenheimer

University of Michigan Journal of Law Reform

This Article presents the scientific basis for an effective acid rain control policy. Part I suggests that if a choice must be made, regulation should focus primarily on sulfur dioxide emissions rather than nitrogen oxide emissions because sulfur deposition is the major cause of watershed acidification. Part II explains the need for at least a fifty percent reduction in sulfur dioxide emissions to meet a "safe" deposition level. Part III specifies the geographical allocation of sulfur emission reductions necessary to attain target deposition levels in the northeastern United States and southeastern Canada. The Article concludes by demonstrating the need for …

Assuring Federal Facility Compliance With The Rcra And Other Environmental Statutes: An Adminsitrative Proposal, David W. Goewey

William & Mary Law Review

No abstract provided.

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 …

Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger

Journal Articles

This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …

Awards Of Attorneys' Fees To Nonprevailing Parties Under The Clean Air Act—Ruckelshaus V. Sierra Club, 103 S. Ct. 3274 (1983), Ingrid Holmlund

Washington Law Review

The Clean Air Act (the Act) provides that in a suit for judicial review of an agency action under the Act, "the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such [an] award is appropriate." In Ruckelshaus v. Sierra Club, the United States Supreme Court held that this language permits an award of attorneys' fees only to parties who prevail on the merits. In a footnote, the Court extended its holding to sixteen other statutes with identical provisions. This Note will evaluate the soundness of the Supreme Court's holding in Ruckelshaus. …

The Role Of Localities In The Transportation And Disposal Of Nuclear Wastes, Marvin Swift, Mars M. Wicker

University of Richmond Law Review

Transportation and disposal of nuclear wastes brings the apprehensions associated with nuclear power into close physical and psychological proximity to many Americans. The subject of transportation comes with its own set of problems, including potential accidents, packaging, routing, security, sabotage, and special agency actions. Common to all of these problems is the element of the unknown. "Clearly nuclear shipments pre- sent some kind of public health hazard, not necessarily as great as some other activities do and .. .the nature of that hazard is not known precisely."

Chevron U.S.A. Inc. V. Natural Resources Defense Council, Inc., Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.