Environmental Law




Skillern, Frank F.

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Texas Tech Law Review


This law review article discusses several cases decided by the Fifth Circuit in the prior year concerning the National Historic Preservation Act (NHPA), the National Environmental Policy Act of 1969 (NEPA), and the Clean Water Act (CWA). The article also discusses an important Supreme Court case involving the Environmental Protection Agency’s (EPA) bubble policy. Section I discusses Fifth Circuit rulings that confirm that agencies must conduct appropriate preservation reviews under the NHPA. Section II discusses the court’s holding that the NEPA’s environmental impact statement is not required in every instance. Section III provides a discussion of CWA Section 404 and the relationship between the Army Corps of Engineers and the EPA in constructing wetland determinations. This section also discusses what actions require a section 404 permit. The author then discusses oil spills caused by negligent, nondischarging vessels. The court continued to hold that these third parties, unlike negligent, discharging vessels, are unable to claim the statutory limitation on liability under section 1321(g) of the CWA. Section IV discusses the Supreme Court’s review of the EPA’s use of its bubble policy in nonattainment areas.



Environmental law, National Historic Preservation Act, National Environmental Policy Act, Clean Water Act, Section 404 permit, wetlands, Bubble policy


16 Tex. Tech L. Rev. 307