Environmental Law Commons^™

Constitutional Law - Congressional Abrogation Of The Eleventh Amendment - States Are Not Subject To Suits In Federal Court Brought By Private Parties Pursuant To The Comprehensive Environmental Response, Compensation And Liability Act, David M. Augustine

Villanova Law Review (1956 - )

No abstract provided.

Citizen Litigation Under The Clean Water Act: The Second Circuit Renews Its Leadership Role In Environmental Law, William S. Jordan Iii

Akron Law Faculty Publications

In this article, William S. Jordan III examines the revitalized role of the U.S. Court of Appeals for the Second Circuit in shaping environmental jurisprudence through its interpretation of citizen suit provisions under the Clean Water Act (CWA). Jordan highlights recent decisions in which the Second Circuit expanded access to courts for private citizens seeking to enforce environmental standards, reinforcing the statutory goals of pollution prevention and regulatory accountability. He analyzes how the court addressed key procedural and substantive issues—such as standing, notice requirements, and ongoing violations—in a manner that empowered citizen enforcement while maintaining fidelity to statutory text. The …

Strengthening Of The Resource Conservation And Recovery Act In 1984: The Original Loopholes, The Amendments, And The Political Factors Behind Their Passage, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This commentary discusses the nature of the legal loopholes that existed in the original RCRA statute, and highlights several of the provisions of the 1984 RCRA amendments that serve to either rectify or ameliorate the prior deficiencies. It also examines the political factors that affected the passage of the 1984 amendments, enabling them to pass during a period of anti-regulatory emphasis.

Farmland Preservation, Linda A. Malone

Faculty Publications

No abstract provided.

Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy

Cardozo Law Review

No abstract provided.

Environmental Policy Law In The 1980'S: Shifting Back The Burden Of Proof, Martin H. Belsky

Akron Law Faculty Publications

This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the …

An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

National Power, State Resource Sovereignty And Federalism In The 1980'S: Scaling America's Magic Mountain, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Secretary Of Interior (Watt) V. California, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Review Of Land Use Conflicts: Organizational Design And Resource Management; Environmental Impact Review And Housing: Process Lessons From The California Experience; Creative Land Development: Bridge To The Future; And Toward Eden, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics …

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.

Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The technique of environmental impact assessment has emerged as the principal regulatory tool for assuring that each person acts "so that due consideration is given to preventing environmental damage." Just as the National Environmental Policy Act (NEPA) requires that each of the federal government's agencies assure that its decisions will be environmentally sound, so have many of the various states decreed that their agencies and political subdivisions shall maximize environmental protection.

Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra

Fordham Urban Law Journal

This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …

Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …

Introduction: Emerging International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.

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

Supreme Court Case Files

No abstract provided.

Virginia Fisheries And The Environment: Proceedings, William & Mary Law School, Virginia Marine Resources Commission, Virginia Institute Of Marine Science

One-Time Conferences: Programs

Held December 8, 1979 at the Colonial Williamsburg Lodge.

Funded by the Virginia Environmental Endowment. Sponsored by the Marshall-Wythe School of Law, with the cooperation of the Virginia Marine Resources Commission and the Virginia Institute of Marine Science.

Symposium Participants (in order of appearance): Perkins Wilson, L. Eugene Cronin, Luie Fass, Ivar Strand, Carl L. Herring, Jr., J.B. Jackson, Herbert M. Austin, James Chambers, Robert R. Huggett, Ronald Gregory, John Wedin, Turner Smith, Jackson Davis, William M. Feinberg, James F. McHugh, John M. DeMaria, Jr., N. Bartlett Theberge, Evelyn M. Hailey, Allen W. Haynie, and Thomas J. Schoenbaum.

Proceedings Of The Conference On Environmental Law -- Toxic Substances, William & Mary Law School

One-Time Conferences: Programs

Held on February 9-10, 1979 at William & Mary Law School.

Funded by the Virginia Environmental Endowment.

Symposium Participants (in order of appearance): Maurice B. Rowe, William R. Moore, Louise Burke, William F. Gilley, James Douglas, Manning Gasch, Jr., Barbara Bitters, Robert Jackson, James Ryan, Robert R. Merhige, Jr., Gus Steph, Steven D. Jellinek, Frederick R. Anderson, Luther Carter, Peter Barton Hutt, Richard Voight, Richard Merrill, George Taylor, Richard Fleming, Hargis, Richard N. Velde, Susan B. King, Jacob Clayman, Nicholas Ashford, James Rogers, Charles O'Connor, Donald F. Hornig, Devra Davis, Scott C. Whitney, and Denis J. Brion.

Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Vermont Yankee Nuclear Power Coporation V. Natural Resources Defense Council (Nrdc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Tennessee Valley Authority V. Hill, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Environmental Law - Judicial Review Under Nepa, Kenneth A. Jacobsen

Villanova Law Review (1956 - )

No abstract provided.

In The Matter Of Consumers Power: Applying The Antitrust Laws To The Nuclear Electric Utility Industry, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

E.I. Du Pont De Nemours & Co. V. Collins, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

E.I. Du Pont De Nemours Co. V. Train, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Puyallup Tribe, Inc. V. Department Of Game Of Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

An Interim Assessment Of The 1972 Federal Water Pollution Control Act Amendments, Denis J. Brion

Faculty Publications

No abstract provided.

Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that of citizen enforcement and the judicial consequences of such a development. Illustrative of the emergent role of courts in enforcing citizens' claims are the areas of historic preservation, noise regulation, and the use of environmental impact statements.

Federal Statutes And Regulation, Madeline H. Lamb

Villanova Law Review (1956 - )

No abstract provided.