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The Environmental Protection Act of 1983—Is an Environmental Protection Commission Necessary?

Senator Moynihan (D-N.Y.) and Congressman Scheuer (D-N.Y.) are pushing legislation to make the Environmental Protection Agency (EPA) into an independent commission. It is hardly necessary to recount the immediate reasons for the initiative; they are on the front pages of newspapers across the country. A press release announcing the legislation said simply:

We are paying the price, day in and day out, for an agency embroiled in controversy, paralyzed by distrust from without and defiance from within. It is time to begin anew.

Old Style Conservation—Once More Unto the Breach?

It is time for a fresh, bipartisan review of outdoor recreation policy in this country to close a circle begun 25 years ago. In 1958, Congress created the Outdoor Recreation Resources Review Commission (ORRRC) to study the nation's outdoor recreation needs. The ORRRC was composed of four members of the Senate, two from each party, and four members of the House, again, two from each party. President Eisenhower appointed seven public members, including ORRRC's chairman, Laurance S. Rockefeller.

The Opportunities for Environmentalists in the Settlement of NEPA Suits

The passage of the National Environmental Policy Act1 compelled the adjustment of traditional legal doctrines in order to accommodate the concerns of environmentalists. The courts expanded long-standing notions of justiciability,2 standing,3 and irreparable injury4 to allow representation of environmental interests to the degree previously accorded the representation of economic interests.

On the Road Again: Certification Acceptance Forces NEPA to Adapt

The federal-aid highway approval process is a labyrinth of which Daedalus could be proud. A series of Policy and Procedure Memoranda (PPMs), Instructional Memoranda (IMs), and Orders creates an administrative maze that the Federal Highway Administration had until recently managed to protect from presentation in the Code of Federal Regulations.

Up in Smoke: EPA's Significant Deterioration Regulations Deteriorate Significantly

On August 16, 1974, the Environmental Protection Agency announced its latest proposed regulations1 for implementation of the Clean Air Act's stated purpose, ". . . to protect and enhance the quality of the Nation's air resources . . ."2 Usually referred to as "significant deterioration" regulations, the proposed regulations are EPA's latest move in a chess game against the Sierra Club, whose opening move, Sierra Club v. Ruckelshaus3 in 1972, was the legal equivalent to taking the EPA queen.

Certification Acceptance and the Federal Highway Administration

In a note published in the August ELR (On the Road Again: Certification Acceptance Forces NEPA to Adapt, 4 ELR 50023), Jeff Morgenthaler of ELR was sharply critical of the Federal Highway Administration for its recently promulgated "certification acceptance" procedures. In the following Article, David E. Wells, Chief Counsel of the FHWA, and Stanley Abramson, Attorney Advisor in the Office of the Chief Counsel, analyze the purposes and potential of certification acceptance in a strongly positive light. This Article should not be construed as a rebuttal to Mr.

Controlled Growth as a Planning Alternative: An Overview

Growth as an American ideal is a fundamental component of the expansive pioneer spirit. It is vital to the maintenance of class mobility. But it is a truism whose hold upon the American approach to land use planning, or lack thereof, is being challenged for the first time in courts throughout the nation.

The International Law Aspects of the Garrison Diversion Project

Garrison Diversion Project, or more simply Garrison Diversion, is the common name of an undertaking of the Bureau of Reclamation with the official title of, "Initial Stage, Garrison Diversion Unit, Pick-Sloan Missouri River Basin Program."1 The basic scheme of the Garrison Diversion is the withdrawal of water from the Missouri River for irrigation of 250,000 acres of farmland in semi-arid areas of central and north-central North Dakota.2 What gives the project international significance is that about 75 percent of the area to be irrigated

1974 Developments Underscore Need for Altered Standard of Proof in Public Health Cases

If the downfall of Richard Nixon had not monopolized the news media in 1974, the year just past might well be remembered for its dramatic revelations about the various dangers to public health. For the first time, Americans learned that ordinary tap water in many areas contained potent carcinogens and that chlorination of water may cause cancer.