Scenic landscape protection under the police power
Article Abstract:
Municipalities may defensibly use their police power to protect viewsheds and view corridors whether or not aesthetics are held in that state to be a valid police power objective. In most states, aesthetic goals may be the primary or only purpose of a regulation, though some states require a link to a more traditional goal, and may reasonably advance tourism or preserving property values as such a goal. Visual resources promote the general welfare from both communitarian and liberal individualistic perspectives.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1995
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Easing the credit crunch: a "functional" approach to lender control liability under CERCLA
Article Abstract:
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) can cause a credit crunch for businesses due to lenders' uncertainty over who pays for cleanup or disposal of hazardous wastes. CERCLA has a 'security interest exemption' for lenders who do not manage debtors, and this exemption should receive functional analysis to resolve ambiguities of cost assignment. Once the exemption is clarified then credit uncertainty will diminish.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1992
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