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Congressional Power to Confer Broad Citizen Standing in Environmental Cases

Editors' Summary: In recent years, the U.S. Supreme Court has limited the availability of citizen suits by narrowing standing requirements. Advocates of this restrictive view on standing allege that broad citizen standing is prohibited by the U.S. Constitution; they claim support for their argument from legal history, including the intent of the Constitution's Framers.

American Heritage Rivers Initiative: A Harbinger of Future White House Environmental Policy?

Editors' Summary: In his 1997 State of the Union Address, President Clinton announced the American Heritage Rivers Initiative, which promotes the environmental, economic, historical, and cultural aspects of rivers and their surrounding communities. So far, 14 rivers have been designated as American Heritage Rivers under the Initiative. Critics, however, claim that the Initiative is not authorized by an act of Congress. This Article explores whether the Initiative is statutorily authorized by existing laws and regulations.

Reinventing Environmental Regulation Through the Government Performance and Results Act: Are the States Ready for the Devolution?

Editors' Summary: In 1993, Congress passed the Government Performance and Results Act (GPRA), which requires federal agencies to prepare strategic plans and performance reports for achieving program goals. In a Dialogue published in the October 1998 issue of ELR — The Environmental Law Reporter, Professor Rena Steinzor and law student William Piermattei of the University of Maryland examined the impact of GPRA on EPA and especially on the Agency's strategic planning and budget process.

The California Supreme Court's Decision in Foster-Gardner and Its Impact on Insurance for Environmental Defense and Remediation Expenses

Editors' Summary: In environmental insurance litigation, coverage is often determined by the court's interpretation of key policy terms. This was just the case in Foster-Gardner, Inc. v. National Union Fire Insurance Co. of Pittsburgh, a recent suit decided by the California Supreme Court. Under the standard-form comprehensive general liability policies at issue, the insurer was required to defend a "suit" but not a "claim." The court was asked to resolve a dispute — whether administrative proceedings constituted a claim or a suit-over these two terms.

Reinventing Environmental Regulation: The Only Path to a Sustainable Future

Editors' Summary: In response to the debate on ways in which our environmental protection system should be improved, Enterprise for the Environment, Yale University, and the National Academy of Public Administration each issued "next generation" reports calling for evolutionary change of the current system. In the July 1998 issue of ELR's News & Analysis, Rena I.

Multimedia Exposure Modeling in the Courtroom

Editors' Summary: The increasing number of toxic tort lawsuits in the courts today causes litigants to use a vast array of scientific methodologies and exposure models, which in turn add to the already high level of confusion among attorneys, judges, witnesses, and juries in the toxic tort courtroom.

National Conference of State Legislatures Study Finds That State Environmental Audit Laws Have No Impact on Company Self-Auditing and Disclosure of Violations

Editors' Summary: State audit privilege and immunity laws and audit policies have been championed as a way to encourage facilities to audit, or increase the auditing of, their compliance with environmental laws. A recent study by the National Conference of State Legislatures examined the success of these laws and policies by surveying how they have affected facilities' auditing practices. In this Dialogue, the Director of EPA's Office of Planning and Policy Analysis and an attorney advisor in that Office analyze this study and its implications.

European Community Environmental Law: Environmental Legislation

Editors' Summary: This Article is the second of three parts of a discussion of environmental law in the European Community. The first Article, which was published in the September 1998 edition of ELR's News & Analysis, discussed the evolving European treaties and institutions. This Article delves into the particulars of the European environmental regulatory framework. It begins by covering institutional issues and then moves into an inventory of production-related regulation.

The Government Performance and Results Act and the Future of EPA: A Second Look

Editors' Summary: In 1993, Congress passed the Government Performance and Results Act (GPRA), which requires federal agencies to prepare strategic plans and performance reports for achieving program goals. In two companion Dialogues published in the October 1998 and the February 1999 issues of ELR-The Environmental Law Reporter, Professor Rena Steinzor examined GPRA's impact on EPA's strategic planning, budget process, and relationship with the states.

Chilling Collaboration: The Federal Advisory Committee Act and Stakeholder Involvement in Environmental Decisionmaking

Editors' Summary: The Federal Advisory Committee Act (FACA) was designed to control the undue influence of special interests on advisory committees by balancing committee membership, opening committee meetings and minutes to the public, and controlling the number of committees formed. In this Dialogue, the authors evaluate whether FACA has achieved its objective. They begin with a description of advisory committees and the applicability of FACA.