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Who Pays for Cleaning Up the Oil Spill? Recent Cases Examine Liability Issues Under Water Act

Given that the business of producing and transporting oil is "an enterprise which will eventually cause pollution,"1 and that 60 percent of the oil produced in the world is transported on or across water,2 it may not be surprising that an estimated 10,000 spills of oil and hazardous substances annually pollute the navigable waters of the United States.3 The recently aroused interest in off-shore oil production is certain to increase the incidence of oil spills.

Constitutional Challenges to FIFRA's Use and Disclosure Safeguards Yield Mixed Results

Pesticides are used worldwide to control destructive plants and animals and are partially responsible for greater crop production, a decreased incidence of debilitating diseases such as malaria, and generally improved standards of living. Over 1.4 billion pounds of pesticides are produced annually, with approximately 1,400 active ingredients formulated into some 40,000 end-use products.1 Development of these products and the necessary support data often requires many years of effort and an investment of millions of dollars.

Supreme Court Upholds OSHA's Cotton Dust Standard, Deals Setback to Cost-Benefit Analysis

The application of cost-benefit analysis to environmental health and safety regulation, although criticized for obstructing the achievement of legislated health and environmental goals,1 has been hailed as the cure for the adverse economic impacts resulting from such regulation. Industry complaints that environmental regulation costs too much has led to congressional and administrative efforts to make regulations more "efficient" by requiring costs of controls to be justified by greater benefits.

Requiem for the Federal Common Law of Nuisance

Over the last two years, the federal common law of nuisance has been described in these pages as a "potent legal tool"1 the significance of which, due to its "revolutionary growth,"2 could foreseeably rival the citizen suit provisions in the major federal environmental statutes.3 These observations were not hyperbole.

Federal Consistency Under the Coastal Zone Management Act: An Emerging Focus on Environmental Controversy in the 1980s

The federal consistency provisions embodied in §§307(c) and 307(d) of the Coastal Zone Management Act (CZMA),1 have, for almost a decade, been a lurking presence in the federal coastal zone management program. These provisions were designed to ensure that actions for which the federal government has responsibility conform to state coastal zone management objectives. Although the interaction in the consistency process among federal agencies such as the Department of the Interior, the U.S.

Global Future—Meeting the Challenge

In 1977, the federal government, at President Carter's direction, launched an unprecedented two-part effort, first, to determine what population, resource, and environmental problems may face the world in the year 2000 and, second, to devise a plan of action to deal with those problems.1 The first of those studies, the GLOBAL 2000 REPORT,2 was delivered to President Carter in July 1980. Its purpose was to make projections as to the state of the world's resource problems absent intervening policy changes.

Overcoming Aesthetic Restrictions on Residential Solar Collectors: A Guidebook for Lawyers and Homeowners

The harnessing of the sun's direct energy to heat and cool homes and to heat water for household uses is changing residential architecture across America. As the use of conventional fuels is reduced globally, residential solar systems will become a common sight in the 1980s and beyond. Today, there is a large variety of residential solar designs because the technology is young, decentralized, and rapidly growing and because there is much diversity in climates, latitudes, and architectural styles in the regions where the technology is applied. Each solar design has a unique visual impact.