Formal and informal advisory committees have long been used to furnish expert advice, ideas, and diverse opinions to the federal government.1 Their utility depends upon the balance and institutional and financial ties of members, especially when their advice is rendered in confidence. For present purposes, "balance" can be defined as broadly representative of sectors of society interested in the subject matter of the committee.
This Article examines the legal foundations for state and federal wildlife regulation in the United States. The first part explores the constitutional bases for federal authority over wildlife and the development of the doctrine of state ownership of wildlife, a judicially created doctrine which has furnished the basis for repeated challenges to the exercise of federal authority. The second part of the Article examines certain important limitations on the scope of state and federal regulatory authority.
Does the term "environmental law" have any significance beyond being a reference to an increasingly large group of statutes and court decisions? Does environmental law really represent a "new era," as Chief Judge Bazelon has proclaimed,1 or is it instead very similar to the law taught in law schools (probably as administrative law) before the word "environment" had meaning for persons other than natural scientists?
On June 7, 1976, the United States Supreme Court unanimously extended the Winters doctrine1 of implied federal reservation to apply to subterranean water as well as surface water. In addition to the fundamental significance of such an extension, the Court's decision in Cappaert v.
To the Congress of the United States:
This message brings together a great variety of programs. It deals not only with ways to preserve the wilderness, wildlife, and natural and historical resources which are a beautiful and valued part of America's national heritage: it deals also with the effects of pollution, toxic chemicals, and the damage caused by the demand for energy. Each of these concerns, in its own way, affects the environment; and together they underscore the importance of environmental protection in all our lives.
After a protracted conference reminiscent of the deadlock that preceded enactment of the Clean Air Act Amendments of 1977, Congress has finally passed a compromise set of revisions1 to the Federal Water Pollution Control Act Amendments of 1972 (FWPCA).2 The conference report was filed on December 6,3 and both houses approved the measure on December 15, 1977 and sent it to the White House for President Carter's signature.
On November 8, 1977, President Carter signed into law a joint congressional resolution1 ratifying his selection of a proposal by the Alcan Company to construct a pipeline to transport natural gas from Alaska's North Slope to the lower 48 states. This event marked the culmination of a new and complex procedure established by the Alaska Natural Gas Transportation Act of 1976 (ANGTA)2 to facilitate the identification of the most advantageous means of tapping this important new energy source.
Four or five years ago, I tried to fit the time into my schedule to write an article on the possibility of negotiating regulations. I figured that no one would ever take it seriously, and that I would then move on to the practice of law. Today, I am still trying to escape and move on to the practice of law: People did take the idea seriously; many seminars have been held to discuss the concept, and several agencies have used the process. I think it has been established as a viable alternative to traditional notice-and-comment or hybrid rulemaking.
Horse trading is a process as old as the hills of Virginia. Negotiated rulemaking, however, is a horse of a different color. The nag that the parties end up with is one that we all have to ride. It is therefore particularly important that these negotiations result in a rule that is sound and based on the input of every major interest affected by the rule.
Editors' Summary: The coastal areas of this country provide more than just a place to spend a vacation. They have always supported a substantial proportion of the country's population, are the source and support of much of its fishing industry, and provide the potential for substantial energy resources. But the conflicts associated with increasing population growth and economic prosperity have seriously degraded coastal areas in recent years. In 1972 Congress enacted the Coastal Zone Management Act (CZMA) in an attempt to prevent further deterioration of the coasts.