Showing papers on "Environmental law published in 1984"

Ecology, impact assessment, and environmental planning

Abstract: Ecological Impact Assessment as a Discipline ENVIRONMENTAL LAW, PUBLIC POLICY, AND DECISION MAKING: Environmental Law: Planning Approaches and Ecological Constraints Environmental Decision Making SUMMARIZING AND EVALUATING IMPACTS: Quantitative Approaches Economic Approaches Land PREDICTING IMPACTS: THE PHYSICAL ENVIRONMENT: PREDICTING IMPACTS: THE BIOTA: Structure and Function of Biological Communities Ecotoxicology: Assessing Impacts of Pollutants on Biota Sampling and Analysis of Ecological Data Species and Landscape Diversity Succession and Resilience of Ecosystems Subject Index.

Economics and environmental policy

Abstract: Part 1 Introduction. Part 2 Pollution control policies: controlling pollution by price and standard systems - a general equilibrium analysis specific taxes and the control of pollution - a general equilibrium analysis derived decision rules for pollution control in a general equilibrium space economy spatially differentiated air pollutant emission charges - an economic and legal analysis transferable discharge permits and the control of stationary source air pollution - a survey and synthesis the empirical properties of two classes of designs for transferable discharge permit markets approaches for reaching ambient standards in nonattainment areas - financial burden and efficiency considerations economic implications of emissions trading rules for local and regional pollutants market failure in incentive-based regulation - the case of emissions trading uncommon sense - the programme to reform pollution control policy economic instruments for environmental regulation. Part 3 Environmental law: indivisible toxic torts - the economics of joint and several liability the structure of penalties in environmental enforcement - an economic analysis private enforcement of federal environmental law. Part 4 Sustainable development policies: the poverty connection to environmental policy managing the transition - the potential role for economic policies substitution bias in a depletable resource model with administered prices an international system of tradeable CO2 entitlements - implications for economic development.

Law of the People's Republic of China on Prevention and Control of Water Pollution

Abstract: This Law is formulated for the purpose of preventing and controlling water pollution, protecting and improving the environment, safeguarding human health, ensuring the effective use of water resources and facilitating the development of socialist modernization.

Sustaining tomorrow: A strategy for world conservation and development

Abstract: This book presents papers covering topics: such as environmental planning and education, forest and ocean management, and sustainable development Many of the problems discussed are those of developing countries Papers on international environmental law, management of global commons, and rural development are also included

Environmental Policy Law in the 1980'S: Shifting Back the Burden of Proof

Abstract: This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the environment. The result is that those seeking protective action must present a greater amount of evidence than previously necessary to justify federal government intervention.Parts I and II of this article review the state of environmental law prior to the Reagan Administration. Until the "environmental era," commencing in the mid-1960's, environmental protection law was limited. Under traditional common law rules, the burden was on those opposing development to show how an identifiable entity had unreasonably and specially harmed or damaged them. That burden was difficult to meet. In the late 1960's and early 1970's, increasing public awareness of environmental dangers, and the inability of traditional legal doctrines to deal with those dangers, led to the passage of numerous laws seeking to assure protection of the environment, and the creation of institutions to implement those laws. Mechanisms were adopted to force environmental values to be considered in all actions, to prescribe protective national environmental standards, to force technology to meet those standards, and to increase the number and size of areas to be protected from improper use. In burden of proof terms, in choosing between protection and development, the government was to "err on the side of caution."Part III of this article discusses the changes adopted by the Reagan Administration. Based on careful planning and research, the new political leaders fixed and then implemented a fully developed agenda. The philosophy of "limited government" was carried out under the doctrines of "regulatory reform" and "balancing the budget." The ideology of "state's rights" was pursued through "new federalism." Finally, the belief in "self-government" was promoted through "privatization." In the area of environmental protection, each of these policies was used to justify fundamental institutional and legal changes. The burden of proof was placed on those seeking to have controls adopted or enforced or seeking to restrict development. These persons would now have to overcome the presumption against such controls or limitations, especially if action was to be taken by the federal government.Part IV of this article considers the results of this shift in the burden of proof and what it suggests for the future of environmental law and policy. Early in the Reagan Administration, environmental policies became a major political issue. In response to concerns expressed by the public, Congress and even members of the business community, the Administration made some fine tuning and better articulation of policies. Controversial proposals and personalities were dropped; however, the goal has not changed. The presumption remains against imposing additional controls or restricting development and those seeking to overcome this presumption must come forward with sufficient evidence to justify intervention.

Environmental Policy Law in the 1980's: Shifting Back the Burden of Proof

Abstract: This article will describe the legal and policy burdens of proof applicable to environmental decision-making and the shifts that have occurred in allocating those burdens. The initial change occurred when common-law principles gave way to a pro-protection legal framework established during an "environmental era." The second change occurred more recently when a new environmental policy law agenda was set. Through regulatory reforms, policy alterations, statutory proposals and budgetary and personnel actions, the federal executive is now seeking to develop a more pro-development structure and again place the burden of proof on those seeking to secure government action to protect the environment. The result is that those seeking protective action must present a greater amount of evidence than previously necessary to justify federal government intervention.Parts I and II of this article review the state of environmental law prior to the Reagan Administration. Until the "environmental era," commencing in the mid-1960's, environmental protection law was limited. Under traditional common law rules, the burden was on those opposing development to show how an identifiable entity had unreasonably and specially harmed or damaged them. That burden was difficult to meet. In the late 1960's and early 1970's, increasing public awareness of environmental dangers, and the inability of traditional legal doctrines to deal with those dangers, led to the passage of numerous laws seeking to assure protection of the environment, and the creation of institutions to implement those laws. Mechanisms were adopted to force environmental values to be considered in all actions, to prescribe protective national environmental standards, to force technology to meet those standards, and to increase the number and size of areas to be protected from improper use. In burden of proof terms, in choosing between protection and development, the government was to "err on the side of caution."Part III of this article discusses the changes adopted by the Reagan Administration. Based on careful planning and research, the new political leaders fixed and then implemented a fully developed agenda. The philosophy of "limited government" was carried out under the doctrines of "regulatory reform" and "balancing the budget." The ideology of "state's rights" was pursued through "new federalism." Finally, the belief in "self-government" was promoted through "privatization." In the area of environmental protection, each of these policies was used to justify fundamental institutional and legal changes. The burden of proof was placed on those seeking to have controls adopted or enforced or seeking to restrict development. These persons would now have to overcome the presumption against such controls or limitations, especially if action was to be taken by the federal government.Part IV of this article considers the results of this shift in the burden of proof and what it suggests for the future of environmental law and policy. Early in the Reagan Administration, environmental policies became a major political issue. In response to concerns expressed by the public, Congress and even members of the business community, the Administration made some fine tuning and better articulation of policies. Controversial proposals and personalities were dropped; however, the goal has not changed. The presumption remains against imposing additional controls or restricting development and those seeking to overcome this presumption must come forward with sufficient evidence to justify intervention.

Water (Prevention and Control of Pollution) Act 1974: Basic Legal Issues

Abstract: [Act No. 6 of Year 1974] An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law; Be it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows: CHAPTER I : PRELIMINARY

National Recourses for International Pollution: Towards a United States, Canada Solution

Abstract: The most prominent transboundary concern is, of course, acid rain, caused by the long-range transport of industrial and automotive pollution. But long-range air pollution transport also results in several other serious but less publicized transboundary problems such as the movement across national boundaries of oxidant pollution, which is impairing agricultural productivity in southern Ontario and elsewhere, and the transboundary flow of toxic air pollutants, a phenomenon which may already be affecting the Great Lakes. The Environmental Law Institute has conducted a series of studies of the institutional framework governing control of international pollution problems. A major conclusion of this research effort is that current national and international legal structures are poorly suited to the effective control of transboundary pollution. The international legal structure offers useful principles of environmental responsibility, but they are neither sufficiently defined nor sufficiently enforceable to support effective application to specific controversies. Despite the recent increase in the number and severity of international environmental problems, governments continue to make energy policy, pollution control, and land use decisions without explicit consideration of transboundary impact. There are forward-looking provisions in the Clean Air Acts of both the U.S. and Canada requiring control of emissions causing transboundary problems (U.S. Cleanmore » Air Act Section 115 and Canadian Clean Air Act Section 21.1). A recently completed ELI study focused on a new approach which would make the largely ignored U.S. and Canadian Clean Air Act provisions for control of international air pollution work more effectively, and in concert.« less

National Environmental Policy Act - destruction of buildings on the National Register

Abstract: The historic preservation goals of the National Historic Preservation Act and the National Environmental Protection Act (NEPA) sometimes conflict with urban renewable goals if downtown buildings are eligible for the National Register. In holding that redevelopment projects require an environmental review, but not necessarily an environmental impact statement, the Ninth Circuit Court of Appeals reasoned that a per se rule would be too much of a burden for such federal agencies as the Department of Housing and Urban Development (HUD). The courts need to make a careful review, however, to be sure that agencies are in compliance with the NEPA review provisions. 50 references.

Developments in British environmental law

Abstract: Decisions on whether or not to build nuclear power plants are increasingly settled in the courts because of conflicting interests in the growth of electric power demand and environmental protection that has led to a breakdown in public order. Lawyers share the same sense of bewilderment as lay people over nuclear as well as noise, smoke, and other types of environmental questions. The author reviews British criminal and civil law to see how the courts have dealt with pollution issues in the past. Public inquiry over a proposed development has triggered many of Britain's major law and environment problems, the Windscale inquiry being a notable example. A reluctance to legislate is an underlying factor in the trend toward inquiry and litigation. 139 references.

Environmental Law and the Export of Pollution.

Abstract: (1984). Environmental Law and the Export of Pollution. Journal of Geography: Vol. 83, No. 4, pp. 154-158.

New global environment commission

Abstract: The independent UN. commission on environmental problems could help to establish a sound ecological base for sustainable development, but questioning long-term environmental trends could impede progress.