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Criminal Liability of Corporation President From Corporate Facilities: Stock v. Alaska

The superior court case of Stock v. Alaska1 has established for the first time in that state standards for determining when an officer of a corporation can be held criminally liable for the acts of his corporation. At issue in this appeal was the criminal conviction of a corporation president for allowing raw sewage from his corporately-owned Juneau trailer court to flow into state waters in violation of the state water pollution statute.

National Wildlife Federation Files Suit Challenging Federal Highway Regulations

The National Wildlife Federation recently filed three suits seeking to reform Federal Highway Administration (FHwA) procedures for administering the federal-aid highway program. Readers of ELR will recall that last month's issue included a Comment regarding the partial publication of FHwA procedures. That Comment in turn relied upon an earlier ELR article co-authored by Robert Kennan, attorney for the National Wildlife Federation, which criticized the FHwA for failing to give its procedures adequate circulation.1

Building Code Insulation Requirements for Energy Conservation

Two Ohio cities, Wooster and Cuyahoga Falls, have enacted strict insulation requirements for new construction in an effort to conserve energy. Proponents of the new ordinance estimate that the additional costs of construction caused by these insulation requirements will be more than offset by fuel savings in the long run. Meanwhile, fuel consumption will be substantially reduced.

Federal Environmental Units in Transition: Articles Assess CEQ and EPA

Less than four years after its creation, the Council on Environmental Quality stands at a crossroads. Several officials have left the Council, including Chairman Russell Train, who has been nominated to head the Environmental Protection Agency. The Office of Management and Budget has stepped up an attack that if successful will strip CEQ of much of its power and responsibility. At the same time, Congress has moved to exempt the Alaskan Pipeline from NEPA, a damaging blow to the statute that is the legal underpinning of the environmental movement and that established CEQ.

CEQ Issues Revised NEPA Guidelines

The Council on Environmental Quality published final guidelines for the preparation of environmental impact statements in the Federal Register on August 1, 1973.1 These guidelines are reprinted in ELR at 46003, and are codified in the Code of Federal Regulations, Title 40, Chapter V, Part 1500. All federal agencies and departments are required to prepare their own NEPA procedures in accordance with these guidelines within 180 days.

FHwA Agrees to Change NEPA Exemption Procedures: Article Describes Next Steps for Environmentalists

A comment in last month's ELR1 described three suits filed by the National Wildlife Federation seeking to reform Federal Highway Administration procedures. That comment suggested that FHwA might want to settle these suits, which challenged FHwA's practice of exempting from NEPA requirements federal-aid highway construction projects that received design approval before February 1, 1971. As it turns out, in the meantime, a consent judgment has been approved and appears in the Litigation section of this month's ELR.2

Article Analyzes State NEPAs

In an article in this month's ELR,1 Nicholas C. Yost, Deputy Attorney General in charge of the Environmental Unit of the California Attorney General's office, reviews and analyzes state enactments parallelling NEPA. NEPA, he observes, reversed the pattern by which innovative ideas for environmental legislation are first adopted at the state level and later incorporated into federal law. Here, a novel federal law fathered equivalents in 18 jurisdictions, in most cases by legislation, but in a few states by administrative action.

"NEPA and Federal Decisionmaking": Reprint of Chapter From NEPA in the Courts

This month's issue of ELR contains a reprint of a chapter from NEPA in the Courts: A Legal Analysis of the National Environmental Policy Act of 1969.1 The study, which is the first book-length analysis of NEPA, was written by Frederick R. Anderson, ELR's editor-in-chief and Executive Director of the Environmental Law Institute. NEPA in the Courts examines the judicial interpretations of NEPA to date.

New Jersey Passes Strong Coastal Protection Legislation

On June 20, 1973, New Jersey Governor William Cahill signed into law the Coastal Area Facility Review Act,1 a strong coastal zone protection measure designed to control industrial development along the Jersey coast. According to the terms of the law, permits must be issued by the State Commissioner of Environmental Protection before any industrial facilities may be constructed in the coastal area. Praised by its principal sponsor Assembly Speaker Thomas H.