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Volume 15, Issue 11 — November 1985


Protecting the Built Environment: An Overview of Federal Historic Preservation Law

by Charlotte R. Bell

Editors' Summary: Despite its importance, historic preservation is an unfamiliar area to many environmental lawyers. The 1966 National Historic Preservation Act requires federal agencies to consider and, where possible, minimize the impacts of their actions on historic properties and sites. Harm to historic properties is among the environmental impacts to be considered in NEPA procedures as well. The author reviews the development and status of federal historic preservation law as it is spelled out in statute and executive order, and as it has been interpreted in over 80 federal court decisions. The Article is a useful reference for those dealing regularly with historic preservation issues and a handy introduction for those whose practice brings them into contract with historic preservation for the first time.


Who Pays for Litigation: Recent Developments in Attorneys Fees Law

by Kenneth L. Rosenbaum

Editors' Summary: Fee shifting provisions continue to be a vital concern both for those who seek the awards and those who may have to pay them. The law of fee shifting has swung through a series of changes in the past ten years, with Congress and a few courts promoting awards while the Supreme Court has generally discouraged them. Two developments in recent months well illustrate this pattern: Congress has revived and amended the Equal Access to Justice Act, expanding opportunites to claim fees from the federal government, and the D.C. Circuit in Sierra Club v. EPA has applied recent Supreme Court rulings to carefully scrutinize fee requests under the "appropriate" standard of the Clean Air Act. This Comment reviews those developments and also previews the issues in Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, an attorneys fees case the Supreme Court recently agreed to hear.