Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

FIFRA Amendments: Getting the Pesticide Program Moving

Because of criticism of the Environmental Protection Agency's implementation of its pesticide registration program, Congress is now considering amendments to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)1 which are intended to streamline the regulatory process. The amendments pertain primarily to the use and disclosure of test data, compensation for data use, and generic and conditional registrations.

Impact Statements on Legislative Proposals: Enforcing the Neglected Half of NEPA's Mandate

One aspect of the National Environmental Policy Act (NEPA) which has attracted surprisingly little judicial attention is the requirement for preparation of an environmental impact statement (EIS) on "every recommendation or report on proposals for legislation."1 Commentators have suggested that the difficulty of formulating appropriate relief in a suit to compel preparation of such a statement is the principal reason for the dearth of litigation on this point.2 Three recent court decisions in suits by private parties seeking to enforce thi

Adirondack Forest Preserve Survives Constitutional Assault

In the latest of a series of challenges to the integrity of New York's Adirondack Park, a New York Supreme Court judge has upheld the "reasonable" regulation of public lands within the Park that are constitutionally protected as "forever wild." The ruling reinforces earlier New York decisions affirming the validity of the Park and its management but raises potentially troublesome legal and tactical questions about the Park's future.

A New, New Takings Analysis Blooms in New York

Going out on a shaking legal limb, the New York Court of Appeals on June 23 refused to overturn the historic landmark designation of New York City's Grand Central Terminal. The court decreed in Penn Central Transportation Co. v. City of New York1 that the designation, which includes a scheme for transferring the development rights over the terminal to adjacent parcels, does not represent a deprivation of property in violation of the Due Process Clause.

Reorganization: Council on Environmental Quality Emerges Stronger, Review of Federal Agencies Continues

In the proposed reorganization of his Executive Office,1 President Carter rejected the suggestions of his Office of Management and Budget (OMB) reorganization team to abolish or greatly deemphasize the importance of the Council on Environmental Quality (CEQ). Mr. Carter decided instead to keep CEQ in its position of environmental advisor to the president and coordinator of government implementation of the National Environmental Policy Act (NEPA).

Develop if You Dare: Congress Relaxes the Economic Sanctions of the Flood Insurance Program

Early this summer, Congress attached an amendment to the Housing and Community Development bill1 eliminating restrictions on federally related mortgage and construction loans in flood hazard areas in communities which choose not to participate in the National Flood Insurance Program.2 The amendment, sponsored by Sen. Eagleton (D-Mo.) and Rep. Taylor (D-Mo.), disappointed environmentalists who view the program as an important mechanism for promoting wiser land use in flood plains.

WEPA in the Court: Wisconsin Environmental Policy Act Receives Staunch Judicial Endorsement

In its first major decision interpreting Wisconsin's Environmental Policy Act,1 the Wisconsin Supreme Court on July 1 announced unswerving support for the Act (known as WEPA) that promises to make environmental analysis an important component of Wisconsin agency decisions. Reviewing an electric utility rate proceeding, the court in Wisconsin's Environmental Decade, Inc. v.