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The Deepwater Ports Act of 1974: Half Speed Ahead

On January 3, 1975, the Deepwater Ports Act of 19741 was signed into law, and the United States thereby prepared to join the sizeable fraternity of nations already using this type of facility. Congressional consideration of deepwater ports—offshore tanker moorings at which oil is unloaded and piped ashore—led House and Senate committees through a tangle of vexing issues, including supertanker design, conflicting local and national interests, international law, antitrust implications, and the ubiquitous clash between energy needs and environmental considerations.

A NEPA Settlement: Conservation Council of North Carolina v. Froehlke

On February 5, 1974, a Consent Judgment in the case of Conservation Council of North Carolina v. Froehlke,1 signed by District Court Judge Eugene A. Gordon, was docketed in the United States District Court of North Carolina, thereby concluding a principal phase of litigation in the B. Everett Jordan Dam (formerly New Hope Dam) project controversy.

FIFRA Amendment: Agricultural Interests Make Some Inroads at Expnse of Environment

In mid-November 1975, a congressional conference committee1 finally settled a bitter conflict which had broken out last summer between conservationists and farming interests over federal pesticide policy. The focus of the adversaries' well-prepared legislative campaigns, which quickly polarized the houses of Congress, was the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA),2 the funding authorization for which was due to expire November 15.

Aesthetics Off the Pedestal: Massachusetts Supreme Judicial Court Upholds Aesthetics as Basis for Exercise of the Police Power

Beauty can indeed by viewed by the eyes of the law, the Massachusetts Supreme Judicial Court has concluded, rejecting a statutory and constitutional challenge to a town by-law prohibiting off-premise advertising signs in residential, industrial or business zones.1 The court held that a police power regulation does not violate due process simply because it is based solely on aesthetic considerations, and that municipalities may enact reasonable billboard regulations in order to preserve or enhance their urban environment.

Implementation of Section 208 In Finally Underway: Environmenal Law Institute Will Assist by Preparing Handbook for Designated Agencies

The Environmental Protection Agency recently awarded the Environmental Law Institute an eight-month contract to prepare a handbook which will assist local governmental bodies known as "208 planning agencies" in the design of regulatory programs for the control of water pollution. The handbook will focus on the legal and institutional aspects of programs regulating water pollution and will supplement other EPA technical studies.

Agency Funding of Indigent Public Interest Intervenors in Administrative Proceedings

Students of the administrative process generally agree that all interested and affected persons should have an opportunity to participate in agency decision making.1 Full participation is thought to serve the public interest because it achieves thorough exposition and consideration of information relevant to a particular rulemaking or adjudication; in short, it is thought to contribute to a better-informed, and, therefore, wiser decision.