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

Wildlife Protection: Section 7 of the Endangered Species Act Comes of Age

More than three years after passage of the Endangered Species Act,1 the United States Fish and Wildlife Service (FWS) has proposed regulations2 to implement §7,3 one of the strongest statutory mandates for environmental protection presently on the books.4 Less than two weeks after the §7 regulations were proposed, the Sixth Circuit Court of Appeals handed down a decision strictly enforcing §7's mandate.

Dupont v. Train: Supreme Court Upholds EPA's Authority to Issue Uniform Effluent Limitations

Partially resolving a protracted series of inconsistent decisions among the circuits,1 the Supreme Court on February 23, 1977 held in E.I. DuPont de Nemours & Co. v. Train2 that §301 of the Federal Water Pollution Control Act Amendments of 1972 (FWPCA)3 authorizes the Environmental Protection Agency (EPA) to promulgate regulations establishing uniform, single-number, industrywide effluent limitations for existing dischargers, provided some allowance is made for variations in individual plants.

Recombinant DNA Research: Legislative and Legal Issues

An emotional debate, heretofore waged in scientific journals1 and university communities, has now moved to congressional hearing rooms. The debate concerns the potentially beneficial but perhaps hazardous technique of recombinant deoxyribonucleic acid (DNA) research, in which DNA molecules—the genetic material of every cell that transmits an organism's hereditary characteristics—are chemically cut and then recombined into new molecules.

The Move to Amend §404 of FWPCA: House Passes Bill Limiting Federal Authority Over Dredge and Fill Activities

On April 5, 1977,1 the House of Representatives passed a bill which would severely limit the federal government's authority to regulate the dredging and filling of wetlands. H.R. 3199 renews a number of funding authorizations under the Federal Water Pollution Control Act (FWPCA), including the multi-billion-dollar grant program for construction of municipal sewage treatment facilities.

Accidents and Bookies: North Carolina Judge Declares Price-Anderson Act Unconstitutional

On March 31, 1977, federal Judge James B. McMillan of the Western District of North Carolina declared the Price-Anderson Act,1 which limits total liability for damages from accidents involving civilan nuclear power reactors, to be an unconstitutional deprivation of due process and equal protection. Judge McMillan's decision in Carolina Environmental Study Group v. United States Atomic Energy Commission,2 is certain to elate opponents of nuclear power development, who view Price-Anderson as the fulcrum of nuclear power issues.

Oil Spills: Expected Reforms in Tanker Standards and Liability

The unfortunate spate of oil tanker disasters last winter highlighted the increasingly serious problem of vesselsource oil pollution of the marine environment. Attention focused not only upon tanker construction and operation standards but also upon liability for clean-up costs and damages. Because present national and international regulatory mechanisms seem inadequate, both Congress and the Carter Administration are developing numerous reforms.

Energy-Efficient Land Use: Promises and Problems

Using Land to Save Energy is one in a series of books prepared by the Environmental Law Institute (ELI) on energy conservation strategies for state and local governments. The book was funded by the National Science Foundation and will be available in June from Ballinger Publishing Company in Cambridge, Massachusetts. Written by ELI attorney Corbin Crews Harwood, this book examines one generally overlooked opportunity for significant energy savings—more efficient design and location of new residential and commercial development.