Environmental Law Commons^™

Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center

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

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.

Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …

Public Land Management: Planning, Problems, And Opportunities, David C. Williams

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

26 pages (includes illustrations).

Contains bibliography.

Nurturing Public Values In The Water Resource—The Montana Way, Matthew W. Williams

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

21 pages.

Contains references.

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.

Siting Industrial Facilities In The Western United States, Joseph Browder

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

24 pages.

Contains references.

Policies To Enhance Western Water Use Efficiency: Best Of The West, Bruce C. Driver

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.

Planning Under The National Environmental Policy Act: The Use Of Environmental Impact Statements In Agency Decisionmaking, Ralf Marxen

LLM Theses and Essays

This article focuses on Environmental Impact Statements (EIS) as part of the Federal National Environmental Policy Act and will therefore not deal with the different State Environmental Policy Acts (SEPA) or their relation to and interaction with Federal legislation. Furthermore, this article will focus upon those issues that are of special relevancy to the possible adoption of EISs into the German legal system. The article will also address cost-benefit issues related to the EIS process. Part VIII (judicial review) will only concentrate on the judicial review of administrative action concerning environmental planning through EISs.

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.

Scientific Uncertainty And The National Environmental Policy Act—The Council On Environmental Quality's Regulation 40 C.F.R. Section 1502.22, Mark Reeve

Washington Law Review

The National Environmental Policy Act (NEPA) requires federal agencies to prepare Environmental Impact Statements (EIS's) for all major actions significantly affecting the environment. The EIS must disclose and evaluate alternative actions and their environmental consequences. Congress did not address the problem of scientific uncertainty when it passed NEPA. Ten years later, the Council on Environmental Quality (CEQ) tackled the issue by including section 1502.22 in its new regulations governing EIS production. The section provides that if scientific uncertainty exists but can be cured by further research the agency must do or commission the research. If the necessary research is exorbitantly …

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.

The Blm Planning Process: Chasing The Rabbit, H. Paul Friesema, Paul J. Culhane

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison

University of Richmond Law Review

When President Nixon signed the National Environmental Policy Act (NEPA) on January 1, 1970, he declared that the new statute marked the arrival of the time for environmental action. The quantatitive measures of legislative and judicial activity during the ensuing decade suggest that he accurately captured the mood of the times, for the 1970's produced a flurry of new and amended statutes as well as a veritable explosion in environmental litigation. As a result of this burst of energy, environmental law has emerged as an important legal speciality that now commands the attention of law schools, government lawyers, and the …

Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger

Fordham Urban Law Journal

Congress enacted the National Environmental Policy Act (NEPA) on January 1, 1970. NEPA's purpose is to "declare a national policy which will encourage productive and enjoyable harmony between man and his environment." In an effort to achieve this national policy, NEPA requires federal agencies proposing certain major federal actions that affect the environment to include an Environmental Impact Statement (EIS) in their proposal or recommendations. The EIS must include both an assessment of the beneficial and adverse environmental impacts of the proposed actions and an analysis of the impacts in light of other circumstances. This Comment discusses the historical background …

Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

27 pages.

Contains references.

Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).

“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

5 pages.

National Environmental Policy Act: Its Substance, Effects, And Relationship To Mineral And Water Resource Development In The West, Robert J. Golten

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

8 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

Cultural Resource Preservation In Ohio: The Development Of Federal And State Law, Mary Ann Bagus

Cleveland State Law Review

This note will examine the legal protection afforded to cultural resources located in the state of Ohio. It will begin with a brief description of the nature of cultural resources, the dangers confronting them and the resulting efforts to protect them through appropriate legislation. The changing concepts of cultural resources and their social values will be considered in a statutory context. The development of federal preservation law will be traced from the turn of the century to the present with emphasis on the diverse approaches employed by Congress. This discussion will demonstrate that a comprehensive body of federal legislation has …

Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean

Law Faculty Publications

When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.

The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …

Implementing Federal Environment Policies: The Limits Of Aspirational Commands, James A. Henderson Jr., Richard N. Pearson

Cornell Law Faculty Publications

No abstract provided.

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Cleveland State Law Review

This article will analyze five major specialized environmental review statutes which affect the greatest number of federal activities, including 1) the Fish and Wildlife Coordination Act of 1958; 2) the Endangered Species Act of 1973; 3) the National Historic Preservation Act of 1966; 4) the Wild and Scenic Rivers Act of 1974; 5) the Coastal Zone Management Act of 1972, and will evaluate their existing judicial interpretations, identify emerging trends in the law, highlight the problems that have arisen owing to the proliferation of environmental statutes and finally offer suggestions for the future.

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Faculty Publications

No abstract provided.

Kleppe V. Sierra Club, 427 U.S. 390 (1976), Martha L. Harrell

Florida State University Law Review

Environmental Law- NEPA- REGIONAL IMPACT STATEMENT IS NOT REQUIRED IN THE ABSENCE OF FORMAL PROPOSAL FOR REGIONAL ACTIVITY.

Case Note: Environmental Law - National Environmental Policy Act - Potential Environmental Effects Of Urban Unemployment Require Preparation Of An Environmental Impact Statement, Elizabeth Manning

Fordham Urban Law Journal

In this case note, Elizabeth Manning analyzes City of Rochester v. United States Postal Service, 541, F.2d 967 (2d Cir. 1976). The City of Rochester and the Genessee-Finger Lakes Regional Planning Board sued to enjoin the Postal Service from constructing a 12 million dollar postal facility in a Rochester suburb, in contemplation of abandoning an older smaller facility within the city itself. Plaintiffs asserted that the Postal Service's change of location was "a major Federal actio[n] significantly affecting the quality of the human environment," and that the National Environmental Policy Act of 1969 (NEPA) required the preparation of an Environmental …

Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.

Environmental Law-Statutory Interpretation-Factors To Be Considered In Making A Threshold Determination That An Environmental Impact Statement Is Necessary Under The Na- Tional Environmental Policy Act Of 1969

Fordham Urban Law Journal

The National Environmental Policy Act (NEPA) was passed by Congress in 1969 declaring a policy which will promote efforts to protect the environment, to stimulate the health and welfare of man, and to enrich the understanding of the natural resources important to the nation. Under NEPA, all federal agencies must develop decision making procedures that include an evaluation of factors the agency will consider in deciding whether a proposed agency action will significantly affect the "human environment."' Federal agencies, unable to discern the meaning of "human environment," have had difficulty in deciding what factors to consider in making the threshold …