Showing papers on "Environmental law published in 1973"

Recent developments in environmental law

Abstract: The National Environmental Protection act has provoked a great deal of litigation involving its administration and interpretation. Several cases have involved the NEPA stipulation that environmental impact statements must be filed for "major Federal Actions" that adversely affect the environment: what constitutes a "major Federal Action"? In one case, involving a highway project, the court resolved that such action was one that included "substantial planning, time, resources, or expenditures". Clarification is also provided in FHWAA PPM 90-1 procedures. Other litigation has involved the applicapility of NEPA to projects that started before its enactment Jan. 1, 1970. Several courts have held that if there is a significant amount of construction left an environmental impact statement is required. FHWA has already proposed a change of rules to simplify this question. The adequacy of the impact statements has also been questioned in the courts. Questions of procedrual and substantive matters are hard to separate in the court and hence there has been a diversification of opinions. Other environmental requirements include the Clean Air Act; the country must attain national air quality standards by May 31, 1975. Controls must be implemented not only on stationary sources sources but, in urban areas particularily, on transportation. Not only must clean air be achieved but it also must be maintained. EPA requires implementation plans for controls and a procedure for identifying projected growth where air quality would be a question. Land use control is one way of regulating environmental control; the Land Use Policy and Planning Assistance Act has already passed the Senate. A sound administrative record demonstrating procedural compliance and support for any findings are the best preparation for cases involving environmental factors.

Policy and planning impacts of environmental protection in major corporations.

Abstract: The policy and planning impacts of the pollution control movement have been significant in industrial corporations. The costs have been high, but some adaptations have been beneficial. Pollution co...