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ELI Undertakes Study of Energy Research Needs

The Institute is preparing a series of recommendations on non-technological research and development needs in the energy field under a grant from Resources for the Future (RFF), Washington, D.C. The Institute's proposals, together with those generated by RFF, will be submitted to the National Science Foundation (NSF). The study is being conducted in conjunction with the Federal Power Commission's Power Survey, and the research suggestions will be given to the Power Commission for consideration.

CEQ Proposes New Guidelines for NEPA

The Council on Environmental Quality has once again proposed revisions in its guidelines.1 ELR subscribers were sent Federal Register reprints of the proposed guidelines as an insert with the regular monthly mailing of the April 1973 issue, to enable them to respond to CEQ within the brief 45-day comment period. Here, ELR will simply summarize the major changes and provisions in the guidelines.

Justice Department Study of Environmental Courts: Article by Deputy Assistant Attorney General Kiechel in This Issue

The Justice Department is presently investigating the feasibility of establishing a separate court system having exclusive jurisdiction over environmental issues.Section 9 of the Federal Water Pollution Control Act Amendments of 1972 authorized the study that will culminate in a report to Congress by October 1973. As the keynote address of a two-day conference of the Special Committee on Environmental Law of the ABA, Deputy Assistant Attorney General Walter Kiechel Jr.

The Independent Offices Appropriations Act of 1952: Who Should Pay for Preparing the Impact Statement?

The Council on Environmental Quality estimates that the federal agencies will spend $65 million annually to administer the National Environmental Policy Act when its provisions are fully operable.1 After some initial agency attempts to delegate substantially all of the burden of impact statement preparation, the Greene County case2 reversed the trend by stressing that the federal agencies themselves were primarily responsible for preparing the impact statement.

State Water Board Decision May Halt New Melones Project

The decision of a state administrative agency recently went a long way toward mitigating the worst of the environmental impacts associated with the New Melones Dam on the Stanislaus River in California. The decision by the California Water Resources Control Board gives a much-needed shot in the arm to litigation on the project in federal district court. The controversy illustrates how environmental protection efforts, even for a large federal project, may often proceed as energetically and forcefully on the state level as on the federal.

Judicial Control of Agency Discretion Under The Multiple Use Act: Article in This Issue

Judicial control of administrative discretion under the Multiple Use Act is the subject of a staff article in this issue by Mr. Durwood Zaelke, Assistant Editor of ELR. The article, which is entitled Controlling Forest Service Discretion Under the Multiple Use Act and appears at 3 ELR 50017, examines the Forest Service's procedures under the Multiple Use-Sustained Yield Act and explores the few judicial attempts to control the agency's discretion.

New SEC Environmental Disclosure Rules

The Securities and Exchange Commission recently adopted rules requiring companies to disclose the financial effect of compliance with federal, state, and local environmental protection laws. The rules, which become effective July 3, 1973, also require disclosure of information regarding environmental litigation in which the companies are involved. Adopted pursuant to the Securities Act of 1933, the Securities Exchange Act of 1934 and the National Environmental Policy Act of 1969, the rules are expected to promote the purposes of NEPA.

Cancellation of Last Agricultural Registrations for DDT Use

On April 16, 1973, the EPA Administrator adopted two recommended decisions by his Chief Administrative Law Judge that cancelled the last remaining registrations of DDT for domestic agricultural use. He also denied a request for a new registration for use on stored sweet potatoes.The two recommended decisions and the Administrator's orders adopting them bring to an end an important phase of the long-standing effort to bring about effective federal administrative control of pesticides.1