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Eleventh Hour Amendment to FWPCA Resuscitates EPA's Hazardous Substance Discharge Program

In a classic legislative "quick fix," the 95th Congress on the next to last day of its second session rushed through to passage an amendment to §311 of the Federal Water Pollution Control Act (FWPCA)1 that breathes new life into the federal program for the regulation of hazardous substances spills into the nation's waters. The program had been plunged into a state of suspended animation by a recent federal district court decision in Manufacturing Chemists Association v.

Assessing Regulatory Costs and Benefits: Fifth Circuit Vacates OSHA Benzene Standard

Given that legislative and administrative controls on environmental pollution involve considerable economic sacrifices, a crucial underlying question is whether the prices paid for environmental protection by taxpayers, consumers, and industry are justified. Lawmakers have traditionally eschewed this difficult question, dismissing it as unanswerable. Within the last year or so, however, environmental, health, and safety regulations have been widely blamed for contributing to a uniquely pernicious and malignant economic malady: Inflation.

A Step-by-Step Analysis of the Interim Federal Surface Mining Program

The Surface Mining Control and Reclamation Act of 1977, signed into law on August 3, 1977, authorized the Department of the Interior to issue regulations implementing the Act's environmental protection provisions.1 The Secretary of the Interior was required to promulgate interim regulations within 90 days of the date of enactment2 and to issue permanent regulations within one year.3

New Rules for the NEPA Process: CEQ Establishes Uniform Procedures to Improve Implementation

On November 29, 1978, the Council on Environmental Quality (CEQ) opened a new chapter in the implementation of the National Environmental Policy Act (NEPA)1 by issuing final regulations2 establishing substantially revised NEPA compliance procedures. The rules replace CEQ's 1973 Guidelines,3 which some agencies and reviewing courts considered merely advisory,4 with binding requirements that envision a set of uniform and streamlined procedures applicable to all federal agencies.

Preemption Under the Atomic Energy Act: Federal Courts Void California and New York City Nuclear Power Laws

The mishap at the Three Mile Island generating plant near Harrisburg, Pennsylvania is but the latest spur to an intensifying national debate over the merits of nuclear power. In an attempt to gain greater control over their nuclear destinies, a number of states and municipalities have enacted statutes within the last five years which impose a variety of limitations and conditions on the siting of new nuclear reactors within their borders.