After a protracted conference reminiscent of the deadlock that preceded enactment of the Clean Air Act Amendments of 1977, Congress has finally passed a compromise set of revisions¹ to the Federal Water Pollution Control Act Amendments of 1972 (FWPCA).² The conference report was filed on December 6,³ and both houses approved the measure on December 15, 1977 and sent it to the White House for President Carter's signature.

On November 8, 1977, President Carter signed into law a joint congressional resolution¹ ratifying his selection of a proposal by the Alcan Company to construct a pipeline to transport natural gas from Alaska's North Slope to the lower 48 states. This event marked the culmination of a new and complex procedure established by the Alaska Natural Gas Transportation Act of 1976 (ANGTA)² to facilitate the identification of the most advantageous means of tapping this important new energy source.

Four or five years ago, I tried to fit the time into my schedule to write an article on the possibility of negotiating regulations. I figured that no one would ever take it seriously, and that I would then move on to the practice of law. Today, I am still trying to escape and move on to the practice of law: People did take the idea seriously; many seminars have been held to discuss the concept, and several agencies have used the process. I think it has been established as a viable alternative to traditional notice-and-comment or hybrid rulemaking.

Horse trading is a process as old as the hills of Virginia. Negotiated rulemaking, however, is a horse of a different color. The nag that the parties end up with is one that we all have to ride. It is therefore particularly important that these negotiations result in a rule that is sound and based on the input of every major interest affected by the rule.

Editors' Summary: The coastal areas of this country provide more than just a place to spend a vacation. They have always supported a substantial proportion of the country's population, are the source and support of much of its fishing industry, and provide the potential for substantial energy resources. But the conflicts associated with increasing population growth and economic prosperity have seriously degraded coastal areas in recent years. In 1972 Congress enacted the Coastal Zone Management Act (CZMA) in an attempt to prevent further deterioration of the coasts.

In the July 1987 Environmental Law Reporter, I was particularly interested in Professor Lawrence Susskind's description of his efforts with the Camden County Municipal Utilities Authority (CCMUA) issue.¹ Unfortunately, Professor Susskind's article leaves several misimpressions that deserve to be corrected.

Let me turn to the subject of the environmental liabilities imposed on landowners, tenants, and lenders, and the question of how far those can, and should, extend.

The multilateral development banks (MDBs)¹ spend more than $20 billion annually to promote economic development in less developed nations, and leverage billions more. The MDBs are the world's largest institutions financing economic development.

Editors' Summary: Although NEPA has been with us for nearly two decades, the precise extent of the statute's application remains cloudy. The courts continue to struggle with the scope of "Federal action," particularly where proposed federal conduct with little direct environmental effect will make possible nonfederal activities of great environmental consequence. Mr. Ellis and Mr. Smith examine the case law on this issue, identifying two different analytical trends reflected in the various decisions.

Editors' Summary: The public trust doctrine is an amorphous legal concept that generally provides that states hold certain submerged land and tidelands in trust for their citizens. In Phillips Petroleum Co. v. Mississippi, the Supreme Court held that state ownership of lands subject to the public trust includes nonnavigable lands that are subject to the influence of the tide. This Comment analyzes the Court's decision, which could bring millions of acres of wetlands within the reach of the public trust.