Environmental Law Commons^™

Constitutional Preemption Of State Laws Against Massive Oil Spills, Arval A. Morris

Seattle University Law Review

Oil spills, the Supreme Court has declared, are "an insidious form of pollution of vast concern to every coastal city or port and to all the estuaries on which life of the ocean and the lives of the coastal people are greatly dependent." In light of this declaration, the purposes of this article are to assess the validity of the federal court's decision preempting Washington's Tanker Pollution Law, and to comment generally on whether, consistent with the evolved preemption doctrine, coastal states can protect themselves from deleterious oil spills by enacting preventive rather than deterrent measures.

Geothermal Bibliography, A. Dan Tarlock, Richard L. Waller

Articles by Maurer Faculty

No abstract provided.

An Environmental Overview Of Geothermal Resources Development, A. Dan Tarlock, Richard L. Waller

Articles by Maurer Faculty

While the adverse environmental effects of geothermal resources development appear to be less severe than those created by other energy sources, geothermal development nonetheless poses serious environmental problems. Professor Tarlock and Mr. Waller identify and discuss four categories of potential adverse environmental impacts of geothermal development: land use disturbance, water pollution, air pollution and noise.

Presumpscot River Basin - Cumberland County Tidewater Water Quality Management Plan, Bureau Of Water Quality Control

Maine Collection

Presumpscot River Basin - Cumberland County Tidewater Water Quality Management Plan

Maine Department of Environmental Protection, Bureau of Water Quality Control, Division of Water Quality Evaluation and Planning, August, Maine (June 1976).

"Prepared pursuant to Section 303 (e) of the Federal Water Pollution Act Amendments of 1972"

Contents: Letter of Transmittal / Table of Contents / Appendices and Tables / I. Summary, Conclusions, Recommendations / II. Introduction / III. Water Quality / IV. Planning Activities / Appendices / Tables

Updating Eminent Domain For Environmental Control, Karl Jeffery Reynolds

Florida State University Law Review

No abstract provided.

Capital Formation Options To Finance Pollution Control, Scott C. Whitney

Faculty Publications

No abstract provided.

The Constitutional Framework Of Environmental Law, Philip Soper

Book Chapters

For federal and state legislators .seeking legal solutions to environmental problems, "constitutional law" is a part of "environmental law" only in the indirect sense of providing the basic legal framework with which substantive environmental standards-like all legislative standards-must ultimately comport. When Congress, for example, enacts legislation to control pollution or to protect endangered species, the constitutional issue theoretically presented is whether such legislation exceeds limits placed by the Framers on federal legislative authority. These limits may result either from the lack of federal power to deal with the problem or from conflict between a federal regulatory scheme and the constitutional …

Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes

University of Michigan Journal of Law Reform

This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.

An Historical Review Of Oil Spills Along The Maine Coast 1953-1973, Edward H. Shenton

Maine Collection

An Historical Review of Oil Spills Along the Maine Coast 1953-1973

by Edward H. Shenton

Prepared for The Maine State Planning Office, Coastal Planning Group and The Research Institute of the Gulf of Maine (TRIGOM), August, 1973.

TRIGOM Publication No. 3

Contents: Introduction / A Chronology of Significant Oil Spills / A Summary of Biological Impacts / Spill Statistics / Discussion of Results / Conclusions of the Study / Recommendations for Future Research / Appendices

The Closing Circle: A Review Of Barry Commoner's Book, Robert L. Scott

IUSTITIA

Commoner's book provides an opportunity to review the problems of pollution and their causes in the social, political, and economic fabric of our society. This review also provides an opportunity to compare and contrast natural and social laws. From this examination of the problem of pollution and the interface between natural and social law emerge certain ideological concerns confronting Americans as a people.

Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham

Michigan Law Review

The legal issues inherent in treating out-plant pollution under the Taft-Hartley Act cannot be fully evaluated without a realistic appreciation of practical considerations and industrial experience. For this reason, considerable empirical information has been collected from a variety of sources. The examination and evaluation of this data will precede the legal analysis. The data, it is hoped, will resolve two questions: What is the effect of out-plant pollution on the workers, and what has been the response of labor unions to date?

The Four Corners Power Complex: Pollution On The Reservation, Laurence A. Mchugh

Indiana Law Journal

No abstract provided.

Administrative Law And The Environment: National Fuels Policy (Symposium Preface), Walter J. Hickel

Indiana Law Journal

Administrative Law and the Environment: National Fuels Policy, Symposium

Effective Pollution Control In Industrialized Countries: International Economic Disincentives, Policy Responses, And The Gatt, Frederic L. Kirgis Jr.

Michigan Law Review

It is generally recognized that efforts toward meaningful pollution control by an industrialized nation or group of nations raise economic problems at the international level. Discussion has touched upon the balance of trade and the effects for developing countries. Yet there seems to have been little attempt to analyze how these problems will manifest themselves and how they may be resolved within the current international legal-economic ordering system. This Article cannot deal with them all, but will examine closely the international competitive disincentives to truly effective pollution-control efforts in the industrialized countries, where environmental imperatives bear heavily on national decision-makers. …

Controlling Great Lakes Pollution: A Study In United States-Canadian Environmental Cooperation, Richard B. Bilder

Michigan Law Review

In this context, a study of the proposed Agreement and, more particularly, of the long history of developing United States-Canadian cooperation that preceded it may be of use. First, this United States-Canadian experience offers guidance for the solution of some of the specific problems that programs for international environmental cooperation may face: questions of framework and approach; institutional organization, function, and authority; determination of objectives; apportionment of burdens; coordination; and implementation. Second, at a time when international discussion has focused principally on global approaches to the solution of environmental problems, it calls attention to the important, if less dramatic, contribution …

Jamaica Bay: An Urban Marshland In Transition, Louis J. Lefkowitz

Fordham Urban Law Journal

This article will briefly examine the environmental problems that affect the lives of the hundreds of thousands of people who live adjacent to Jamaica Bay, and the extraordinary opportunities for recreation and enjoyment for which the Bay, freed of sewage, air pollution and aircraft noise, could be employed.

Judicial Protection Of The Environment: A New Role For Common-Law Remedies, Frank E. Maloney

Vanderbilt Law Review

There is a tendency today to look to the legislatures to provide the cure for all environmental maladies,' and to overlook or underrate the potential of common-law remedies to assist in the proper solution of these problems. Although it is undoubtedly true that in some jurisdictions the common-law remedies have been interpreted so restrictively as to make them practically useless as tools for environmental protection, a number of forward-looking courts are developing and applying the law in a way much more favorable to the environment. Other courts that have remained uncommitted may be in a position to follow current trends …

The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson

All Faculty Scholarship

This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.

The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram

Faculty Scholarship

As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …

A Modern Proposal For State Regulation Of Consumptive Uses Of Water, Richard C. Ausness, Frank E. Maloney

Law Faculty Scholarly Articles

As a nation, the United States is in the early stages of a developing water crisis. With an exploding population accompanied by great technological advances in industry and agriculture, America is using progressively more water each day; the increasing use threatens to exceed available supplies in the future unless available resources are properly managed.

As the demand for water grows, problems related to the equitable allocation of this important resource will likewise increase. The need that presently exists for an integrated and balanced approach to the problems of water consumption, pollution, navigation and recreation will become even more acute in …

The Auto Industry And The Environment, Henry Ford Ii

Kentucky Law Journal

No abstract provided.

International Environmental Damage Control: Some Proposals For The Second Best Of All Possible Worlds, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Recent meetings of international law experts have produced considerable debate over the type of international regime necessary to effectively control pollution. Divergent views expressed range from the "survival approach" of Professor Falk to the "grocery-list approach" of Christian Herter Jr., Special Assistant to the Secretary of State for Environment. The "grocery-list approach" is an operational approach which involves doing what can be done by the use of available means including discussion to define common interests, international agreements based on those shared interests, unilateral action where appropriate and increased use of the UN for a variety of purposes such as environment …

The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder

Michigan Law Review

The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …

The Control Of Pollution By Oil Under The Water Quality Improvement Act Of 1970

Washington and Lee Law Review

No abstract provided.

Foreword: Environmental Quality, The Courts, And The Congress, Henry M. Jackson

Michigan Law Review

In America, we have traditionally equated progress with gross national product, with the accumulation of personal goods, with economic development, and with miles of roads, numbers of kilowatts, and acres of land. We have been easily impressed by quantitative measures of who we are as a people and where we are going as a nation.

In many respects the ways we measure progress reflect our society's traditional emphasis on the accumulation of material goods and the expansion of commerce and technology. Our success in achieving these goals is apparent from the statistics. We produce more than ten million automobiles annually. …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

Equity And The Eco-System: Can Injunctions Clear The Air?, Michigan Law Review

Michigan Law Review

On April 22, 1970, a number of private groups in the United States sponsored "Earth Day," an attempt to turn the attention of the population to matters of environmental concern. The dramatically favorable response to the idea of "Earth Day" suggests the extent to which more and more persons are becoming worried about ecological destruction. One of the methods of preventing that destruction, the obtaining of injunctions against industrial polluters, is the subject of this Comment. The central focus of this Comment is upon the injunction as a means of preventing air pollution, but most of the substance is equally …

Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review

Michigan Law Review

Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …

Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie

Michigan Law Review

The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.

In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …