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The ESECA Coal Conversion Program: Saving Oil the Hard Way

Though the Arab oil embargo recedes mercifully into history, its legislative progeny remain with us. One such creation is the Energy Supply and Environmental Coordination Act of 19741 (ESECA), a proclamation by Congress that the oil- and gas-burning electric utilities of the nation would, where feasible, have to convert to the use of coal.

Protecting Public Health From Hazardous Substances: Federal Regulation of Environmental Contaminants

In their efforts to learn why the incidence of cancer and other fatal and serious diseases is on the rise, researchers are concentrating more and more on the health effects of products and waste products of modern industrial society. One such product, vinyl chloride, the principal ingredient of the second most widely used plastic, has recently been shown to cause cancer in humans. Gasoline combustion products have been linked to chronic respiratory difficulties.

Regulation and Healthy: How Solid Is Our Foundation?

On January 28, 1975, the United States Court of Appeals for the District of Columbia ruled that the EPA regulation to reduce the level of tetraethyl lead in gasoline was arbitrary and capricious. Within only slightly more than one month, the Environmental Protection Agency itself reversed a previously held position concerning the schedule for clamping down on automotive exhaust emissions. The reversal was occasioned, it was said, because of the likelihood of sulfuric acid mist emissions from the catalytic devices necessary to meet the more restrictive standards.

Section 7 of the Endangered Species Act of 1973: A Significant Restriction for All Federal Activities

In legislation and administrative regulations of great potential significance, Congress and the federal executive departments have committed the United States to the protection of animal and plant species that are threatened with extinction. The primary instrument for implementing that commitment is the Endangered Species Act of 1973,1 a statute that now is emerging as an important component of federal law.

The Procedures to Ensure Compliance by Federal Facilities With Environmental Quality Standards

In Chattanooga, Tennessee, as in hundreds of other communities and states, air pollution is a vital concern. Consequently, the Hamilton County Air Pollution Control Board has been authorized to fight air pollution in several ways. One is to require that stationary sources of air pollution (e.g., incinerators, factories, hospitals, and even apartment complexes) obtain permits to continue emitting smoke and other gas or particulates into the atmosphere.

The 1973 Japanese Law for the Compensation of Pollution-Related Health Damage: An Introductory Assessment

In 1972, the United Nations Stockholm Conference on the Human Environment highlighted for all the world the significance of foreign practice and experience in the search for more effective environmental management at home. Less well-publicized is the mandate that the Conference imposed on the legal profession: to look through a foreign culture to the essence of its response, to translate it and, ultimately, to render it usable abroad.

Corps Confirms Policy Against "Unnecessary" Development in Wetlands

In a decision1 of national importance, the Army Corps of Engineers has denied two applications from a large land developer for dredging and filling more than 2,000 acres of mangrove swamps at Marco Island, Florida. The Corps has thus dramatically signalled its willingness to apply strictly its own recently developed policy of protecting the nation's wetlands from unnecessary destruction.

National Uniformity Under the Water Act: Two Circuits Uphold EPA's Authority to Issue Effluent Limitations Under §301

In key decisions concerning one of the most hotly contested ambiguities in the Federal Water Pollution Control Act Amendments of 1972, the Third1 and Seventh2 Circuit Courts of Appeals recently held that the Environmental Protection Agency has authority under §3013 of the statute to issue a uniform, single number nationwide effluent limitation applicable to all existing point sources within a particular industrial class or category.