ENVIRONMENTAL CONSIDERATIONS AS A BASIS FOR LEGAL ACTION

IN ADDITION TO SPECIFIC STATUTES---SUCH AS THE NATIONAL ENVIRONMENTAL POLICY ACT AND THE CLEAN AIR ACT---THERE IS A BODY OF COMMON LAW THAT PROVIDES A BASE FOR ENVIRONMENTAL LITIGATION. ACTIONABLE CLAIMS UNDER NUISANCE DOCTRINE, PROPERTY LAW, AND PUBLIC TRUST DOCTRINE ARE EXAMINED. FEDERAL STATUTES HAVE PARALLELED STATE LAWS, WHICH FALL INTO THREE CATEGORIES: EXTENSION OF THE POLICE POWER TO ACTIVITIES THREATENING THE HEALTH, SAFETY, OR WELFARE OF THE COMMUNITY, PROTECTION OF SPECIFIC NATURAL RESOURCES, AND PROCEDURES TO BE FOLLOWED IN THE SALE OR TRANSFER OF PUBLIC LANDS AND WATER. THE PLACE OF THE NATIONAL ENVIRONMENTAL POLICY ACT IN THIS CONTEXT IS DISCUSSED FROM THE STANDPOINT OF ADMINISTRATIVE AND CASE LAW. FOR THE MOST PART, MAJOR CASES TO DATE TEND TO DEFINE THE PUBLIC INTEREST AS THE LEGALLY PROTECTED INTEREST. ENVIRONMENTAL QUALITY REMAINS A GOAL IN SEARCH OF A DEFINITION; THE HISTORY OF CASE LAW UP TO NOW WOULD INDICATE THAT ONCE THE DEFINITION IS FOUND IT WILL HAVE A MAJOR IMPACT IN THE FIELD OF PROPERTY LAW.

  • Authors:
    • Netherton, R D
  • Publication Date: 1970-11

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Filing Info

  • Accession Number: 00238953
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Apr 2 1973 12:00AM