Environmental Law Commons^™

Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus

Articles by Maurer Faculty

No abstract provided.

Toxic Tort Remedies: The Case Against The "Superduper Fund" And Other Reform Prososals, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This Article joins the enormous and growing body of literature examining the need for reform of toxic tort remedies for cases of exposure to hazardous substances released into the environment. It is different from most other treatments of the issue in one important respect--it does not advocate reform of the present tort law system in any fundamental way. Indeed, it is argued that the central feature of the present system--the requirement that the plaintiff alleging injury resulting from defendant's release of hazardous substances establish proof of causation by a preponderance of the evidence--is essential for maintaining a rational public policy …

Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman

Seattle University Law Review

The specific purposes of this Article are twofold: first, an analysis of the SMA is set forth and then used in simple statistical comparisons to evaluate decisions rendered by local governments, superior courts, and the Shorelines Hearings Board (SHB) during the period 1974-1983; second, to present a numerical model that represents the verbal interpretation of the SMA with a simple arithmetical equation using weighted variables. These variables correspond to objectives identified in interpretations of the SMA. Decisions of the SHB and appellate courts during this period are explained in a statistical manner through use of the model. Neither computer7 nor …

Abuse Of The Surface Mining Act: A Continuing Story, L. Thomas Galloway, Thomas G. Firtzgerald

West Virginia Law Review

No abstract provided.

Valid Existing Rights And The Constitution: 1983 Regulatory Changes, John Mcferrin, Benita Y. Whitman

West Virginia Law Review

No abstract provided.

Pandora In The Coal Fields: Environmental Liabilities, Acquisitions, And Dispositions Of Coal Properties, Patrick C. Mcginley, Barbara S. Webber

West Virginia Law Review

No abstract provided.

Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber

Faculty & Staff Scholarship

No abstract provided.

Compensation For Victims Of Hazardous Substance Exposure, J. David Prince

Faculty Scholarship

Hazardous wastes, threatening environmental and human safety, are being generated at an alarming rate. In this Article, J. David Prince discusses the threats posed by hazardous wastes and the remedies that are available in Minnesota for dealing with those threats. Professor Prince analyzes a proposed compensation scheme for victims of hazardous waste exposure in Minnesota and suggests that a modification of that scheme be adopted by the Minnesota Legislature.

Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy

Publications

No abstract provided.

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

Publications

No abstract provided.

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.

Encouraging Advances In Mining And Reclamation Practices: An Analysis Of The Experimental Practices Provision Of The Surface Mining Control And Reclamation Act Of 1977, David C. Short, John R. Batt, Barbara Lovan

West Virginia Law Review

No abstract provided.

Federal Regulation Of Coal Mine Waste Disposal: A Blueprint For Disaster, Thomas J. Fitzgerald

West Virginia Law Review

No abstract provided.

Vessel-Source Pollution And The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

On March 16, 1978, history's worst oil spill occurred when the tanker Amoco Cadiz lost her steering and drifted onto rocky shoals off the French coast. Approximately 223,000 tons of oil were spilled, polluting and ruining over 100 miles of the Brittany coast, an area that previously had supplied one-third of France's seafood and had attracted tourists from all over Europe. Despite all this damage, only thirty million dollars was available for cleanup--none to repair the ecological devastation. Although this well-publicized accident shocked the world, it was only one of many oil spills that occurred during 1978.

By definition, "vessel-source …

Federal Recent Developments

American Indian Law Review

No abstract provided.

Canadian Environmental Law In The Eighties: Problems And Perspectives, Peter Z. R. Finkle

Dalhousie Law Journal

Environmental law in Canada has developed slowly during the last two decades. While the rise and popularisation of the environmental movement of the sixties and early seventies did encourage the creation of a federal Department of Environment and many provincial counterparts, as well as facilitate the passage of a number of pieces of legislation, there is some question as to how substantial an impact the institutions and legislation have made on Canada society. One problem which has beset the development of adequate environmental legislation is the significant gap which has opened up between the words on paper, the "black letter …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY

By Robert C. Casad

Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.

==========

COMPARATIVE LAW YEARBOOK

VOL. 4, 1980

Edited by Dennis Campbell

The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.

============

CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE

By Edward McWhinney

Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.

==============

THE ENVIRONMENTAL LAW OF THE SEA

Edited by Douglas M.Johnston

Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.

===========

INTERNATIONAL BUSINESS: ENVIRONMENTS AND …

Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman

Vanderbilt Journal of Transnational Law

Health disorders engendered by hazardous, exported foods, pesticides, drugs, and other products recently have attracted worldwide attention. The exportation of products which have been banned or highly restricted in their country of origin or which become hazardous in the environment of the importing nation is a popular issue for opponents of a perceived monolithic transnational industrial complex, as well as for critics of certain United States corporations. A more widely shared opinion is that the United States has a moral obligation to limit foreseeable harm from the export of potentially hazardous merchandise or at least to supply product hazard information. …

Book Reviews, Horace B. Robertson, Jr., W. David Slawson

Vanderbilt Journal of Transnational Law

The New Nationalism and the Use of Common Spaces: Issues in Marine Pollution and the Exploitation of Antarctica Edited by J. Charney Totowa, New Jersey: Allenheld Osmun, 1982.Pp. ix, 343.

Reviewed by Horace B. Robertson, Jr.

======================

Law and Inflation By Keith S. Rosenn Philadelphia: University of Pennsylvania Press, 1982. Pp. xxxix, 451.

Reviewed by W. David Slawson

Epa Inspections By Private Consultants And Trade Secret Confidentiality, Sharon L. Groeger

Indiana Law Journal

No abstract provided.

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Publications

No abstract provided.

Book Review, Howard C. Klemme

Publications

No abstract provided.

Book Review, Charles F. Wilkinson

Publications

No abstract provided.

Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe

Faculty Scholarship

Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.

Ocean Thermal Energy Conversion: The Codification Of A Potential Technology, Maureen O`C. Walker, Murray A. Bloom

Vanderbilt Journal of Transnational Law

Rapid technological advancement has been the hallmark of post-industrial societies for more than a quarter of a century. This progress is forever disrupting our established legal systems. Nowhere is this tension more evident than in the discoveries of the developing energy industry. An exception to this process is the infant industry of ocean thermal energy conversion (OTEC). The United States Congress recently enacted legislation establishing the legal framework for the OTEC process, which has not yet been proven on a commercial scale.

OTEC is a form of solar energy that takes advantage of the vertical temperature differentials in those regions …

The Role Of Unilateral State Action In Preventing International Environmental Injury, Richard B. Bilder

Vanderbilt Journal of Transnational Law

This discussion suggests that unilateral state action to prevent international environmental injury is likely to play an important and continuing role in efforts to deal with international environmental problems. It also suggests the futility of attempting to characterize unilateral action as inherently either desirable or undesirable. While multilateral actions seem generally preferable to unilateral action, effective multilateral arrangement in many cases may not be practically attainable. Unilateral action may be the only feasible alternative to inaction. Under these circumstances, a respectable argument can be made for the propriety of unilateral action on at least an interim basis pending achievement of …

Acid Precipitation In North America: The Case For Transboundary Cooperation, Douglas M. Johnston, Peter Finkle

Vanderbilt Journal of Transnational Law

Long-range air pollution has emerged as a serious environmental problem in Europe and North America since the early 1950s. The most critical aspect of this problem is the movement over very long distances of airborne pollutants which eventually are deposited in harmful acid compounds. These pollutants originate in a multiplicity of stationary and mobile emission sources. Because the original pollutants undergo chemical changes during the atmospheric transport, the pollutants which ultimately cause damage are chemically different from the original emissions. Moreover, the pollutants, which are usually deposited in the form of rain or snow, cause harm only in special physical …

In Order To Have Water: Legal, Economic And Institutional Barriers To Water Reuse In Northern New England, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

The maintenance of adequate water supplies to meet increasing demand upon residential and industrial users in New England is now an urgent concern. Encouragement of water reuse is one of the ways in which water conservation can be implemented. This Article, synthesized by the authors from their technical report, examines current legal and institutional methods of promoting water reuse and conservation. They analyze their effectiveness and argue that legal and political reform is needed to achieve the ends of water conservation. I

Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner

Vanderbilt Law Review

In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.

Book Reviews, Robert Belton, Dr. Nasrollah S. Fatemi, Ann L. Hollick

Vanderbilt Journal of Transnational Law

Book Reviews ================

Equal Employment Policy for Women: Strategies for Implementation in the United States, Canada, and Western Europe

Ronnie Steinberg Ratner, ed.

Philadelphia, Pennsylvania: Temple University Press. Pp. xxii, 520

Reviewed by Robert Belton

-------------------------------------

The Host State of Transnational Corporations

Juha Kuusi

England: Saxon House. 1978. Pp. 117. $25.25

Reviewed by Dr. Nasrollah S. Fatemi

----------------------------------

The Enclosure of Ocean Resources: Economics and the Law of the Sea

Ross D. Eckert

Stanford: Hoover Institution. 1979.Pp. xvi, 390. $16.95

Reviewed by Ann L. Hollick