Electronic environmental permitting: panacea or Pandora's box?

Article Abstract:

National Pollutant Discharge Elimination System permit programs under the Clean Water Act are a well-developed part of environmental regulation and thus lend themselves well to analyzing the effects of computerization on such programs. They also have significant backlogs and so computerization would seem to be a good solution. The downsides are the possibility of computer crime and the absence in a computer program of the subjective input of environmental experts and of public participation. Computerized systems must build in safeguards before they are more fully implemented.

Technology application, Administrative agencies, Government agencies, Environmental permits

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Using equitable discretion to impose supplemental environmental projects under the Clean Water Act

Article Abstract:

The courts have the authority to use supplemental environmental projects (SEPs) as an equitable remedy under the Clean Water Act (CWA). SEPs fulfill the purpose of the CWA by putting right the parts of the environment affected by the violations rather than going into the US Treasury. The CWA allows the judges full equitable discretion in fashioning a remedy. The courts should, however, avoid overreaching their authority by applying EPA experience to fulfilling the CWA's main purposes.

Laws, regulations and rules, Environmental aspects, Water pollution, Equitable remedies

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Computer generated evidence as a witness beyond cross-examination

Article Abstract:

The admission of computer simulations as evidence in civil trials has created the dilemma of how to cross-examine such testimony. Juries tend to believe what they see on television and videos, making it almost impossible for opposing counsel to rebut evidence presented in such formats. Stricter standards for the admission of computer evidence could help, but no other techniques other than producing one's own simulation are currently available.

Analysis, Evidence (Law), Testimony, Cross-examination, Cross examination, Computer simulation

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