Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

The Safe Drinking Water Act Amendments of 1986: Now a Tougher Act to Follow

Editors' Summary: On June 19, 1986, President Reagan signed the Safe Drinking Water Act Amendments of 1986 into law. Among the many changes made by the Amendments, three stand out. First, EPA must issue drinking water standards for a significantly increased number of contaminants. Second, the Amendments strengthen the Act's enforcement provisions by giving EPA authority to issue administrative orders and by the addition of language providing that EPA "shall" take enforcement action in certain situations. Third, the Amendments establish two new groundwater protection programs.

Historic Preservation: A New Section 106 Process

Section 106 of the National Historic Preservation Act (NHPA)1 requires federal agencies to take into account the effects of their undertakings on properties eligible for or listed in the National Register of Historic Places.

The Congress and the President: From Confrontation to Creative Tension

With the 100th Congress taking its place in Washington, now may be an appropriate time for the environmental community, broadly defined, to consider the increasingly contentious relationship which has evolved between the Congress and the executive branch on environmental matters. Indeed, the "relationship" has become more akin to a series of confrontations in which the greatest uncertainty is whether any specific incident might lead the Congress to precipitate legislative action.

Rediscovering the Limits of the Regulatory Review Authority of the Office of Management and Budget

Editors' Summary: Environmental statutes frequently leave important policy and implementation issues to subsequent rulemaking by the Environmental Protection Agency. In practice, however, the EPA does not have a free hand in promulgating regulations; it has often needed to convince the Office of Management and Budget (OMB) of the wisdom of its proposals. In this article, the author outlines the legal basis of OMB involvement and describes the strengths and weaknesses flowing from OMB's authority.

Public Nuisance and Public Plaintiffs: Ownership, Use, and Causation (Part II)

Editors' Summary: In the second of a three-part series, Ms. Halper, an assisant attorney general for the state of New York, analyzes the question of land ownership, land use, and causation in the context of the state public nuisance action to remedy environmental damage. The article argues that the use of land, rather than ownership, is the key to liability in the public nuisance context, and compares this to the traditional private nuisance action. The final article in this series will discuss defenses that may be raised.

Citizen Suits and the NPDES Program: A Review of Clean Water Act Decisions

Editors' Summary: The number of citizen suits brought by environmental groups under the Clean Water Act against companies that have allegedly violated the terms of their NPDES permits has increased dramatically in recent years. Spurred in part by district court decisions that have found defendants liable for violations of the Act solely on the basis of the data reported in the permittees' own discharge monitoring reports, environmental groups have scored several stunning victories.

Environmental Policy and Law in the USSR

The Soviet Union is the first country in which socialism as a philosophical concept has become a reality. Now the USSR is developing with the hope for a better future not only for its own people, but also for mankind. However, this development is not a smooth one. Going this way, we meet difficulties, we make miscalculations, and sometimes we are simply mistaken. Sometimes we go faster, but sometimes we go slower.

The Applicability of CERCLA and SARA to Releases of Radioactive Materials

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),1 as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA),2 covers the cleanup of "releases" of radioactive materials from federal and private facilities into the environment. In addition, certain provisions of SARA that do not amend CERCLA also apply to radioactive materials. This dialogue explores the extent to which these laws apply to radioactive materials and the limited exemptions for such materials in these statutes.