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Showing papers on "Environmental law published in 1989"


Book
01 Jan 1989
TL;DR: The authors focus on the 14 major environmental, health, and safety laws affecting U.S. businesses and organizations and detail, in over 90 new pages, all recent changes made to those laws.
Abstract: Written by 15 nationally recognized environmental law experts, this new edition maintains the first edition's original goal to provide users with reliable, accurate, and practical compliance information by addressing all changes made to the laws in the past two years.Using clear language with a minimum of legal jargon, this essential 697-page reference provides readers with a foundation for understanding the obligations of the laws. The Fifteenth Edition also explains and details non-compliance penalties, including administrative fines and criminal prosecution for violation of all acts and newly increased fines for negligent violations of the Clean Water Act.The authors focus on the 14 major environmental, health, and safety laws affecting U.S. businesses and organizations and detail, in over 90 new pages, all recent changes made to those laws. Such changes include explanations of the Joint EPA/State Innovations agreement, which the EPA and senior state environmental officials established and signed in 1998; the revised TSCA Model Reporting Rule, which took effect June 30, 1998; and RCRA's conditional regulation of waste military munitions, which went into effect August 12, 1997.Special features include a 15-page Table of Contents and a 15-page index for quick, focused searching.

76 citations


Journal ArticleDOI
TL;DR: In this article, the authors present a theoretical perspective on organizational compliance in the environmental field and analyze the leading bivariate relationships between compliance and independent variables, including communication of regulations, enforcement and characteristics of actors in the compliance event.
Abstract: Noncompliance with environmental law is an immense problem whether evaluated from its incidence or its consequences. Noncompliance often results from the activities of large corporations and agencies and their interactions. This paper presents a theoretical perspective on organizational compliance in the environmental field. It first reviews and analyzes the leading bivariate relationships between compliance and independent variables, including communication of regulations, enforcement, and characteristics of actors in the compliance event. Single factors can be influential in promoting compliance; however, only in rare cases will one psychological, organizational, or economic factor explain business response. Since regulatory systems attain compliance through a variety of routes, a multivariate perspective is offered that integrates several literatures and empirical studies.

31 citations


Journal ArticleDOI
TL;DR: In this article, the authors distinguish four phases of the relationship between man and his life conditions, which can be regarded as an historical series, but they can also all be found among currently existing societies at various stages of development.
Abstract: Environmental law is the law regulating the relationship of us to nature, understood both as the world around us and AS the nature we carry within ourselves. (Therefore the term 'environment', with its primarily external connotation, is actually an inadequate term.) I would like to distinguish four phases of this relationship between man and his life conditions. These phases might be regarded as an historical series, but they can also all be found among currently existing societies at various stages of development.

12 citations



01 Jan 1989

8 citations


Journal ArticleDOI
TL;DR: In this paper, the major regulations relating to environment and safety, and analyses recent environmental litigation cases which have implications for project planning are reviewed, and lessons for institutionalising the implementation of environmental regulations by way of regulatory reforms, environment impact assessment procedures, introducing compensation norms and building capability in the field of environmental management are derived.
Abstract: This paper reviews the major regulations relating to environment and safety, and analyses recent environmental litigation cases which have implications for project planning. An analysis of the significance of recent changes in environmental regulations is presented. Based on these, lessons for institutionalising the implementation of environmental regulations by way of regulatory reforms, environment impact assessment procedures, introducing compensation norms and building capability in the field of environmental management, are derived. One of the major prerequisites for the successful implementation of environmental policy is to use a complementary set of economic regulatory and legal instruments.

7 citations


Journal Article
TL;DR: The draft Bill on Environment Conservation 1987 as mentioned in this paper has many similarities with the NEPA of the USA, for instance, a distinct national environment policy (the first of its kind) in clause 3, the provisions regarding environmental impact assessments or reports (EIA) in clauses 22, 23 and 26, and the promotion and appreciation of public participation in environmental affairs, for example in clauses 2,5,6, 13, 15, 17, 22 and 26.
Abstract: In conclusion, one must applaud the many positive elements encorporated in the Draft Bill on Environment Conservation 1987. In some respects one may notice certain similarities with the NEPA of the USA, for example, a distinct national environment policy (the first of its kind) in clause 3, the provisions regarding environmental impact assessments or reports (EIA) in clauses 22, 23 and 26, and the promotion and appreciation of public participation in environmental affairs, for example in clauses 2,5,6, 13, 15, 17,22 and 26. Although the Bill does not make provision for judicial control by the civil courts, a possibility exits that an additional section will be included in the final Act to regulate some form of judicial review by the courts.

6 citations


Journal ArticleDOI
TL;DR: In this article, the authors examine the nature of the legal mechanisms instituted by selected African countries, viz. Zambia, Ethiopia, Ghana, Sudan and Kenya, for the control and prevention of water pollution.
Abstract: A country's water resources are important not only for the continued well-being of its population but also because water is a critical element in its economic development. Water is vital for human, animal and plant life. Life cannot exist without it. Most domestic needs in developing countries are satisfied through direct access to natural sources. The World Health Organisation in 1976 estimated that only 38 per cent of the total population in developing countries had access to safe water supplies. This means that 62 per cent of the population resorted to lakes, rivers, streams and wells for domestic requirements. Many industries abstract water from rivers and lakes for their industrial processes and often return it to those sources as trade effluents. Water is a critical factor in agricultural production. In turn agricultural activities create by-products such as sediment loads and chemical residues with adverse impact on water quality.It is obvious therefore that a country must ensure that its water resources are rationally utilised and managed. Such utilisation and management entails the creation of normative and institutional structures, first, to regulate the allocation of an often scarce resource to competing legitimate demands and, secondly, to anticipate, prevent and control the adverse consequences of resources utilisation. This article examines the nature of the legal mechanisms instituted by selected African countries, viz. Zambia, Ethiopia, Ghana, Sudan and Kenya, for the control and prevention of water pollution. The objective is two-fold: first, to determine the adequacy of existing legal regimes and, secondly, to suggest how deficiencies in existing frameworks may be rectified.

5 citations




Book
01 Jan 1989
TL;DR: In this article, the authors studied the various implications of the principles contained in the Act No.4 of 1982 concerning Basic Provisions for the Management of the Living Environment in Indonesia and proposed a development based upon environmental consideration as a means of achieving continuity and the well-being of present and future generations.
Abstract: During the Dutch East-Indies period, environmental legislation could be characterized as "classical", In that it concerned primarily with sectoral aspects. It mainly emphasized environmental control. A few of the regulations of this period are still validon the basis of the provisions as contained In Article II concerning Transitional Provisions of the 1945 Constitution. The environmental legislation in Indonesia today therefore comprises both the laws and regulations of the preindependence period and those developed during the independence period. The 1972 Stockholm Declaration on the Human Environment gave an impetus to the development of modern environmental legislation. An important breakthrough in the overall management of the environment is the promulgation on March Tlth, 1982 of the Act No.4 of 1982 concerning Basic Provisions for the Management of the Living Environment. It encompasses all aspects of the living environment in order to form the basis for further regulations. In addition, it serves as the basis for the evaluation and adjustment of all legislations heretofore valid. The Act strongly advocates a development, which is based upon environmental consideration as a means of achieving continuity and the well-being of present and future generations. This paper studies the various implications of the principles contained in the Act.

Posted Content
TL;DR: In this paper, the authors review the evolution of public nuisance law since the 1972 article by Bryson and Macbeth and focus on two issues: 1) The evolution of the traditional special injury rule into a two-pronged doctrine of standing (injury-in-fact) and proximate cause, and 2) The viability of the public nuisance actions in light of existing environmental statutes.
Abstract: This Article reviews the evolution of public nuisance law since the 1972 article by Bryson and Macbeth and focuses on two issues: 1) the evolution of the traditional special injury rule into a two-pronged doctrine of standing (injury-in-fact) and proximate cause, and 2) the viability of public nuisance actions in light of existing environmental statutes. The first section of Part I analyzes the reasons why the traditional policies supporting the special injury rule are no longer valid. The second section reviews a number of cases involving actions for damages where the courts, at least implicitly, have not applied the special injury rule to limit standing, then it analyzes how courts have dealt with the rule in equitable and class actions. Part II discusses the relationship between the public nuisance doctrine and state and federal environmental statutes.The Article concludes that, in litigation concerning serious environmental or toxic issues, some courts have accepted public nuisance claims, even though they have not explicitly rejected the special injury rule. It advocates that courts take the final step and reject the special injury rule outright, because private plaintiffs must not be barred at the courthouse door by an outdated special injury rule if public nuisance claims are to fill statutory gaps and help establish standards of reasonable conduct.

Journal ArticleDOI
TL;DR: The World Commission on Environment and Development (WCED) as discussed by the authors proposed long-term environmental strategies for achieving sustainable developments by the year 2000 and beyond, and recommended ways concern for the environment could be translated into greater cooperation among developing countries and between countries at different stages of economic and social development.
Abstract: In 1983 the General Assembly of the United Nations called for the setting up of a World Commission on Environment and Development. The Commission's ambitious tasks were described by its Chairman, Gro Harlem Brundtland, Prime Minister of Norway, as: (1) to propose long‐term environmental strategies for achieving sustainable developments by the year 2000 and beyond; (2) to recommend ways concern for the environment could be translated into greater cooperation among developing countries and between countries at different stages of economic and social development; (3) to consider ways and means by which the international community could deal more effectively with environmental concerns; and (4) to help define shared perceptions of long‐term environmental issues and the appropriate efforts needed to deal successfully with problems of protecting and enhancing the environment. The Commission's Report, Our common future,was published in 1987.


Journal ArticleDOI
Edgar Gold1
TL;DR: The authors examines the extended base of modern maritime law and recommends that maritime education and training must include a greatly increased portion of legal and policy knowledge in order to ensure the overall competency of those who operate vessels in an ever-more complex maritime era.

Posted Content
TL;DR: In this article, the authors discuss conservation provisions in the Food Security Act of 1985, which incentivize farmers to not use fragile land for production, and discuss the most promising reform methods.
Abstract: Professor Linda Malone discusses conservation provisions in the Food Security Act of 1985, which incentivize farmers to not use fragile land for production. The Act is vulnerable to politically vulnerable, but has the ability to be one of the most significant conversation methods to present date. The article focuses on a summary of the act, important amendments and proposed reforms for conservation, and a discussion of the most promising reform methods.

Posted Content
TL;DR: In this paper, a thorough exploration of the legislative history of NEPA and section 309 of the Clean Air Act is presented, in order to understand what Congress intended to achieve through NEPA, and how executive branch oversight was intended to serve those ends.
Abstract: The NEPA process does not end with the preparation of satisfactory impact statements. NEPA requires more than just the preparation of paperwork, even excellent paperwork. It requires an action agency to come to terms with what was learned in an EIS, to balance competing policy interests, and to make a decision that, to the fullest extent possible, furthers the goal of environmental protection. The courts, however, have declined to supervise that balancing process. The executive branch through the U.S. EPA and the Council on Environmental Quality, on the other hand, possess the authority to oversee the substantive implementation of NEPA through section 309 of the Clean Air Act. The full potential of this authority, however, remains untapped.This article begins with a thorough exploration of the legislative history of NEPA and section 309 of the Clean Air Act in order to discern in a more concrete way what Congress intended to achieve through NEPA and how executive branch oversight was intended to serve those ends. After examining the limited manner in which the executive branch has used its oversight authority, the article explores a number of administrative reforms that could help create a more effective link between impact statements, agency decisionmaking, and what agencies actually do. In short, the article argues that EPA’s watchdog role should extend to records of decision and the implementation of the commitments found in those decisions.







Journal ArticleDOI
TL;DR: In this paper, the authors review the evolution of public nuisance law since the 1972 article by Bryson and Macbeth and focus on two issues: 1) The evolution of the traditional special injury rule into a two-pronged doctrine of standing (injury-in-fact) and proximate cause, and 2) The viability of the public nuisance actions in light of existing environmental statutes.
Abstract: This Article reviews the evolution of public nuisance law since the 1972 article by Bryson and Macbeth and focuses on two issues: 1) the evolution of the traditional special injury rule into a two-pronged doctrine of standing (injury-in-fact) and proximate cause, and 2) the viability of public nuisance actions in light of existing environmental statutes. The first section of Part I analyzes the reasons why the traditional policies supporting the special injury rule are no longer valid. The second section reviews a number of cases involving actions for damages where the courts, at least implicitly, have not applied the special injury rule to limit standing, then it analyzes how courts have dealt with the rule in equitable and class actions. Part II discusses the relationship between the public nuisance doctrine and state and federal environmental statutes.The Article concludes that, in litigation concerning serious environmental or toxic issues, some courts have accepted public nuisance claims, even though they have not explicitly rejected the special injury rule. It advocates that courts take the final step and reject the special injury rule outright, because private plaintiffs must not be barred at the courthouse door by an outdated special injury rule if public nuisance claims are to fill statutory gaps and help establish standards of reasonable conduct.


Journal ArticleDOI
TL;DR: In this paper, some of Japan's experiences in managing ocean resources are discussed, and techniques for both harvesting the ocean's bounty and for minimizing the deleterious effects of industrialization are explored.
Abstract: Japan's tremendous industrial growth in the past two decades has placed considerable strain on the ocean environment surrounding its shores. At the same tim, the food, energy, and material demands of a burgeoning population and expansive industrial base have rekindled interest in the ocean as a supplier of increasingly scarce resources. Difficulties arise, however, when man attempts to use an area of the sea for mutually exclusive purposes. This Article chronicles some of Japan's experiences in managing ocean resources; it explores techniques for both harvesting the ocean's bounty and for minimizing the deleterious effects of industrialization. Part I of this Article discusses the classification of ocean resources and outlines the scope of jurisdiction of individual nations over each resource. Part II describes Japan's approach to ocean resource management. Part III recounts Japan's experiences with the cultural fishing industry. Finally, Part IV outlines the problems presented to the fishing industry by water pollution, particularly by red tides. It is hoped that this examination will engender a better appreciation of the difficulties encountered in balancing simultaneous demands for both the utilization and conservation of ocean resources.