Environmental Law Commons^™

Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb

Dalhousie Law Journal

Although international customary and conventional law have addressed aspects of transfrontier pollution problems for decades,' the regional and global environmental degradations which have come to the forefront in the 1980s and 1990s - acid rain, ozone depletion, and global warming, to name but three - represent new challenges to existing international law institutions and concepts. In a sense, the world has over the past two centuries gone through a period of what could be called "technological adolescence", as individuals and corporations, largely from industrialized nations, exploited the earth's resources with little if any concern for the immediate and long-term implications …

Organizing Themes Of Environmental Law, Marcia R. Gelpe

Faculty Scholarship

This article is designed to assist students and lawyers in their work in the field of Environmental Law; specifically, in the area of preventing and mitigating the effects of pollution. The article begins with the origins of modern environmental law. It briefly summarizes the reasons we have environmental problems and describes the inadequacies of the common law responses. This is key to understanding modern environmental statutes, which are designed to remedy the shortcomings of the common law. The main part of the article sets out the various approaches to remedying those shortcomings and gives examples of environmental statutes which take …

International Environmental Bankruptcy: An Overview Of Environmental Bankruptcy Law, Including A State's Claims Against The Multinational Polluter, Rick M. Reznicsek

Vanderbilt Journal of Transnational Law

This Note focuses on current environmental bankruptcy law in the United States. It analyzes the claims of a state against a corporate polluter when the corporation discharges a toxic substance in violation of the state's environmental laws, refuses to clean up the waste, and then files bankruptcy in lieu of paying for the cleanup.

This Note analyzes the court decisions subsequent to the United States Supreme Court opinions in Ohio v. Kovacs and Midlantic National Bank v. New Jersey Department of Environmental Protection to evaluate the current status of United States bankruptcy law on the issues of the automatic stay; …

Agenda For Action - Casco Bay, Department Of Environmental Protection

Maine Collection

Agenda For Action - Casco Bay

Department of Environmental Protection, Augusta, Maine (January, 1989)

Contents: Introduction / The Problems : Bacteria, Toxics, Nutrients / The Solutions / Recommendations / References

Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda

Michigan Journal of International Law

The first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is assessed in the next section. Recommendations follow in the concluding section.

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 …

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

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

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

A Field Perspective On Groundwater Contamination, John A. Cherry

Maine Collection

A Field Perspective on Groundwater Contamination

Geological Society of Maine Distinguished Lecturer John Cherry, University of Waterloo, Ontario, sponsored by the Department of Geosciences, University of Southern Maine, 19th May 1988.

Contents: Lecture 1 : Contaminant Migration Processes Illustrated by Field Experiments / Lecture 2 : Behavior of Dense Non-Aqueous Phase Liquids, Illustrated by Lab Experiments and Conceptual Examples / Lecture 3 : Field Case Histories on Groundwater Contamination / Lecture 4 : Hydrogeological Concepts and Criteria for Waste Disposal / Waterloo Center for Groundwater Research Publications List

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

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

10 pages.

The Applicability Of Civil Rico To Toxic Waste Polluters, David R. Mcavoy

Indiana Law Journal

No abstract provided.

Tbt: A Hidden Danger To Virginia's Waters, Lynne J. Strobel

William & Mary Environmental Law and Policy Review

No abstract provided.

Maine Acid Rain Study : Reports, Maine Department Of Environmental Protection

Maine Collection

Maine Acid Rain Study : Reports

Maine Department of Environmental Protection, Augusta, Maine (February, 1987).

Contents: Acid Rain Precursor Inventory and Evaluation / Modeled Sulfur Deposition in Maine / High Elevation Lake Monitoring in Maine

Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier

Reviews

Environmental problems have been on the agenda of the federal government in the United States for roughly a century now, about half of the government's life, and a dominant concern for the last two decades. The European Economic Community ("EEC"), itself a system perhaps on its way to some brand of federalism, presents a similar but much foreshortened picture. The EEC has been concerned with the environment for about the last half of its thirty year life. Environmental Protection Policy' ("EPP") is a richly detailed study of environmental policy in these two very different systems.

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.

The National Park Idea: Historical Misconceptions And Ecological Realities, Alfred Runte

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

17 pages.

Contains references.

The Dilution Of The Clean Water Act, Mark C. Van Putten, Bradley D. Jackson

University of Michigan Journal of Law Reform

This Article argues that the zero discharge goal of the Clean Water Act is more than naive rhetoric. To the contrary, it is the Act's raison d'être, and it is woven into the fabric of the Act's operative provisions. So understood, the zero discharge goal can and should provide continuing guidance for EPA's implementation of the Act.

Compliance Without Coercion, Albert J. Reiss Jr.

Michigan Law Review

A Review of Environment and Enforcement: Regulation and the Social Definition of Pollution by Keith Hawkins

The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Michigan Law Review

Michigan Law Review

A Review of The International Law of Pollution: Protecting the Global Environment in a World of Sovereign States by Allen L. Springer

Groundwater Control Programs Affecting Water Development, Arthur L. Littleworth

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

19 pages.

The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Bruce H. Wildsmith

Dalhousie Law Journal

A good book must have focus. This may not be the only criteria for evaluating a book, but it is certainly a sine qua non. A scholarly work such as Professor Springer's is a means of communicating ideas; the sharper its focus the clearer the message of its author and the better it and he communicates. When reading this book I wondered about its focus: was there a central unified objective? Having now completed the book, I can see that the author has painted us a useful, but blurred picture. He has not quite brought into focus his objective; much …

The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein

Law Faculty Articles and Essays

In the summer of 1980, Chicago's beaches were fouled by raw and inadequately treated sewage, allegedly discharged into Lake Michigan by the Hammond (Indiana) Sanitary District. Clearly, Illinois and Chicago officials wanted to stop pollution of the lake. Surprisingly, they turned to the common law of nuisance, rather than to a regulatory agency or a statutory citizens' suit to obtain relief, charging the city of Hammond and the sanitary district with violations of the Illinois common law of nuisance. While planners are generally familiar with the application of common law nuisance doctrines to resolve disputes between conflicting uses of land, …

Love Canal: Science, Politics, And People, Michigan Law Review

Michigan Law Review

A Review of Love Canal: Science, Politics, and People by Adeline Gordon Levine

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 …

Hydrology: Unraveling The Mysteries Of Groundwater Occurrence And Movement, Thomas M. Stetson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

31 pages (includes illustrations).

Glossary omitted.

North Carolina's 1981 Waste Management Act And Its Impact On Local Governments: The Good, The Bad And The Ugly, Sarah Patterson Brison

Campbell Law Review

This comment will analyze the provisions of the Act which affect local governments by restricting local acts and local ordinances. Further, this comment will examine the constitutionality of the Act as well as the remaining powers for local governments. Other states have chosen to preempt or accomodate local legislation. This comment will examine such provisions in four other states, California, Michigan, New Jersey, and New York.

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Hazardous Waste Management Act--Closing The Circle, David M. Flannery, Kim Brown Poland

West Virginia Law Review

No abstract provided.

Problems Associated With The Management Of Solid Wastes: Is There A Solution In The Offing, Jeffrey M. Wakefield

West Virginia Law Review

Within the past decade, the level of environmental consciousness within our society has increased appreciably with the recognition of how delicate the ecological balance is and how easily it may be disrupted. Such consciousness has manifested itself primarily in stricter standards governing the emission of pollutants into the air and water. Unfortunately, this justifiable preoccupation with the quality of our air and water has overshadowed the needless desecration of America's land resources through the inadequate and environmentally unsound practices associated with the disposal of solid wastes. The purposes of this Note are to identify the scope of the solid waste …

Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie

Michigan Law Review

This Article probes the convoluted ameliorative provisions of the 1977 Amendments in three parts. Section I deals with delayed compliance orders - orders granted to stationary sources unable to meet the statutory deadlines for compliance. Section 113( d) is the fountainhead provision, and besides a general provision for delayed compliance, it also contains specific provisions for sources unable to comply due to retirement of present facilities, due to investment in innovative facilities with the promise of greater pollution reduction in the future or due to government orders to convert from cleaner fuels to coal.

Section II analyzes two specific relief …

The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard

University of Michigan Journal of Law Reform

This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define …