Environmental Citizen Action: Hearings, Ninety-second Congress ...U.S. Government Printing Office, 1971 - 620 pages |
From inside the book
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Page
... Public Acts of 1970_ . 462 63 Marshall , James ; Brief on behalf of the Wilderness Society_ Pardo , Richard D ... Public Trust Doctrine in Natural Resource Law : Effective Judicial Intervention ___ 435 243 93 148 Additional material ...
... Public Acts of 1970_ . 462 63 Marshall , James ; Brief on behalf of the Wilderness Society_ Pardo , Richard D ... Public Trust Doctrine in Natural Resource Law : Effective Judicial Intervention ___ 435 243 93 148 Additional material ...
Page 33
... doctrine will not be known until further litiga- tion has clarified its ... public trust of the United States " from unreasonable pollution , impairment ... public health , safety and welfare , and ( 2 ) that the social and economic ...
... doctrine will not be known until further litiga- tion has clarified its ... public trust of the United States " from unreasonable pollution , impairment ... public health , safety and welfare , and ( 2 ) that the social and economic ...
Page 49
... public trust " doctrine . According to this doctrine , the government possesses the state's natural resources in trust for the proper use and enjoyment of the citizenry . This fiduciary obligation , when abused , can be enforced in the ...
... public trust " doctrine . According to this doctrine , the government possesses the state's natural resources in trust for the proper use and enjoyment of the citizenry . This fiduciary obligation , when abused , can be enforced in the ...
Page 53
... public interests should be done by the legislatures , which can be ... trust doctrine has lain dormant for some time in the American common law ... public trust . This statutory use has been reflected in the courts . It is no stranger to ...
... public interests should be done by the legislatures , which can be ... trust doctrine has lain dormant for some time in the American common law ... public trust . This statutory use has been reflected in the courts . It is no stranger to ...
Page 54
... Public Trust Doctrine , and The Environ- ment . Utah Law Review 1970 : 388 . Davis , Kenneth C. Liberalized Law of ... Public Actions : The Non - Hohfeldian or Ideological Plaintiff . University of Pennsylvania Law Review . 116 ( 6 ) ...
... Public Trust Doctrine , and The Environ- ment . Utah Law Review 1970 : 388 . Davis , Kenneth C. Liberalized Law of ... Public Actions : The Non - Hohfeldian or Ideological Plaintiff . University of Pennsylvania Law Review . 116 ( 6 ) ...
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Common terms and phrases
11th amendment activity administrative agencies air pollution amend the National ATKESON attorney authority bill Chairman Chrysler citizen suits class actions Clean Air Act Commission common law concern Congress conservation Council on Environmental County courts against persons D.C. DEAR damages decision defendant Department DINGELL district courts effect Eleventh Amendment enacted enforcement environment Environmental Defense Fund Environmental Policy Act environmental quality Federal courts Federal law filed foundry GARMATZ governmental grant hearing impairment involved issue judicial review jurisdiction KARTH land lawsuits legislation legislature litigation ment Michigan Mineral King National Environmental Policy navigation NEPA Park party permit plaintiff pollution control problem procedures Professor Sax proposed public interest public trust public trust doctrine QUARLES question reason regulations relief remedy responsible Section 302 Sierra Club sovereign immunity specific standards standing statement statute Subcommittee Supp supra Supreme Court tidelands tion violation Washington water pollution water quality
Popular passages
Page 159 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 491 - Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing.
Page 374 - State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
Page 26 - The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
Page 144 - The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 309 (d) of this Act.
Page 518 - Congress to recognize, preserve, and protect the primary responsibilities and rights of the States in preventing and controlling water pollution...
Page 500 - A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.
Page 375 - Government shall — (A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment...
Page 172 - FPC, 354 F.2d 608 (2d Cir. 1965), cert, denied, 384 US 941 (1966).
Page 500 - legal interest" test goes to the merits. The question of standing is different. It concerns, apart from the "case" or "controversy" test, the question whether the interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.