California: Private Beaches Yield to Public Access
California, often a leader in championing public rights, has grappled with the issue of private ownership versus public usage of the seashore, and in recent years has developed interesting...
Judicial Solutions to Beach Access Problems in New Jersey
Legal doctrines notwithstanding, access to public trust beach is still, in many locations, inconvenient, expensive, or impossible. Private property signs containing threats of fines or...
Resident Only Moorings: A Sign of the Times Or an Endangered Species?
As the demand for mooring space has increased in various coastal harbors throughout New England, many New England coastal communities have enacted legislation giving either explicit or...
A Design rReview Board's Role in Developing Public Access
In the past 20 years, the Bay Commission, through its permit process, has required that new public access be provided along more than 100 linear miles of the shoreline of San Francisco...
Judicial Review of Coastal Regulation
The paper discusses the impact of recent public access cases on the regulatory taking issue and on the long-term prognosis for public access and private rights along the California coast....
Underwater Inspection of Hydraulic Structures
Improvements in diving equipment, and underwater testing and instrumentation devices in recent years have increased the value of underwater inspections and reduced the cost. This paper...
Weather Modification Regulation for the Twenty-First Century
Those areas in which weather modification law is being altered to fit the twenty-first century are: 1. De-regulation. Regulation of weather modification through mandating professional...
Impact Fees: Florida's Link Between Growth, Road Improvements, and Financing
Impact fees are one mechanism by which local governments can obtain additional revenue needed to construct major roads demanded by the consequences of new development. In Florida, the...
Escondido Decision?Results, Impacts & Applications
The United States Ninth Circuit Court of Appeals decision of May 15, 1984, now requires Federal agencies and potential licensees to be more responsive to public needs and requirements....
An Overview of the Implementation of PURPA
In November of 1978, Congress enacted a major piece of legislation that started a new direction in how energy resources in this country would be developed in the next decade. The Act,...
Eminent Domain Under the Federal Power Act: Use by Private Developers to Acquire Small Sites
From the first reported case in 1922 (Alabama Power Co. v. Gulf Power Co. , 283 F. 606 (D. Ala. 1922)), through 1982 (Greenup County By and Through Ousley v. Utilities Comm'n...
Tort Liability in the Pennsylvania Department of Transportation
During the past decade many have questioned the propriety of the doctrine of sovereign immunity; numerous legal challenges and legislative changes have eroded the doctrine in most states....
Risk Management to Reduce Highway Tort Liability
This paper identifies common risk management techniques and processes. A brief review of tort law is presented along with the specific characteristics of a highway related negligence suit....
Unit Operations Approach in Exposure/Release Evaluation for New Chemicals
The unit operations approach may also be applied to the estimation of potential exposure and release of toxic materials from the manufacture and/or processing of new chemicals. By characterizing...
Environmental Auditing: Planning and Implementation
This paper presents a variety of practical concepts which firms may wish to consider during the process of designing an environmental auditing program, or while reviewing the adequacy...
Intrastate and Interstate Water Transfers
Riparian states generally do not permit transfers of water outside the watershed of origin, while the opposite is true in the appropriation states provided there is no harm to existing...
Interstate Agreements for Water Transfers
Any state is typically subjected to opposing forces that wish to 1) preserve limited water resources for future in-state uses, or 2) to export that resource for out-of-state use. Statutes...
Factual Issues in Water Rights Changes
When an appropriator of a water right desires to change the manner in which the right is exercised there are a number of factors that must be considered. These include the types of changes...
Interbasin Issues Related to Groundwater Management
This paper evaluates several options for settling disputes over sharing water and concludes in favor of well-conceived state compacts. More than other methods, such compacts offer continual...
Evolution of Water Organisations in England and Wales
Although by the early 1960's there was in existence a large body of legislation dealing with water matters, the Water Resources Act 1963 provided for the first time a significent...
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