The Changing Legal Structure of Non-Utility Generation in the 1990's
Before actual construction of a small power production or cogeneration facility commences, numerous economic, technical and legal factors have been considered during the planning process....
Understanding Potential Legal Liabilities of Water Resource Professionals and How to Avoid Them
The salvation of the country's water resources is one of the most important problems facing it today. Focused, as they are, on a problem of such overwhelming significance,...
Dangerous Goods Emergency Response?The Western Australian Experience
A general overview of the State of Western Australia including: the legal framework of the Dangerous Goods and Emergency response management scenarios; particular problems unique to the...
Agency Alert: Ignoring the
After discussing two landmark U.S. Supreme Court decisions, this article proposes a model for assessing the legal adequacy of development permit conditions, applies that model in analyzing...
Beachfront Management After Nollan?Facing the Challenge of Unconstitutional Taking Claims
In 1977, South Carolina enacted the Coastal Tidelands and Wetlands Act. Ramifications of the Act are discussed....
Legal Remedies Against Inlet-Caused Erosion
Property owners and others affected by erosion caused by an inlet's interference with the natural littoral drift have legal rights. Those rights are based upon traditional...
Interim Findings of an Ocean Policy Study for the State of Mississippi
In 1989, the Mississippi-Alabama Sea Grant Legal program received funding from the National Sea Grant Program to produce an Ocean Policy Study for the state of Mississippi. The goals of...
Difficulties of Coastal Resources Management in Developing Countries Sri Lankan Experiences
Due to the pressure of overexploitation of coastal resources and use conflicts among the resource users, there is a growing need for integrated coastal management in developing coastal...
Global Climate Change: Institutional and Policy Considerations
This paper briefly describes research in progress by the authors on the institutional and policy considerations of issues related to global climate change. The aim of the research is to...
Sea Level Rise and Maritime Boundaries: The Effect of Rising Sea Level on International Boundaries
This paper, jointly written by a lawyer and a coastal geomorphologist, will examine the possible responses at a legal level to the implications of global warming induced sea level rise...
The Greening of Corporate America
Since the decade of the 80's has seen both the most stringent environment regulations as well as the most destructive environmental incidents in our history, most American...
Legal Strategy in Dealing with Fish and Wildlife Resource Agencies
This paper is designed to provide a strategy for negotiating with Resource Agencies during the consultation and the 10(j) process. The strategy discussed herein can be reduced to three,...
Legal Principles and Theories
Legal issues are intertwined with all aspects of the technical considerations relating to temporary structures. This paper presents an introduction to the legal theories which relate to...
Current Legal Issues Impacting Temporary Works in Construction
There are two evolving areas of legal concern to the engineer and contractor involved in any aspect of temporary construction. The interpretation and application of the Occupational Safety...
Specifying Trench Safety: the Texas Experience
The frequency of accidents during trenching operations has grown so dramatically that the issue has caught the attention of both industry 'insiders' and 'outsiders.'...
Who Pays for the Unexpected in Construction? A Heavy Construction Contractor's Viewpoint
The complex question of who pays for the unexpected in construction is analyzed using several examples from experience. In addition to the unexpected being due to subsurface conditions,...
Who Pays for the Unexpected in Construction??The Lawyer's Point of View
Encountering the unexpected is to be expected - it is one of the risks inherent in construction. While encountering the unexpected cannot be completely prevented, steps to (1) reduce the...
Who Pays for the Unexpected in Construction? The Law, the Courts and ADR
If the question as to who pays for the unexpected in construction has to be answered because the parties have not amicably resolved a particular dispute, that answer will depend upon the...
Responsibility and Liability of Inspection
There is much confusion over who is responsible for inspection of construction. This paper argues that the designer is the most appropriate individual to inspect the work. The designer...
The Liability Crisis-Revisited
The 'liability crisis' of the 1980s which has affected engineers and other professionals in a significant way is considered. A number of theories or opinions...
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