Injunctions for NEPA violations: balancing the equities

Article Abstract:

Injunctions should be issued under the National Environmental Policy Act of 1969 (NEPA) using a broad interpretation of irreparable harm to conform to the statute's substantive goals. Case law on this issue has been inconsistent because the statute contains only procedural rather than substantive requirements, and courts must balance the equities to determine whether to grant an injunction. Both Weinberger v Romero-Barcelo and Amoco Production Co v Village of Gambell emphasized use of statutory purpose to guide the balancing test, suggesting that NEPA injunctions should focus on the statute's goal of avoiding risk of harm from uninformed decisionmaking.

Interpretation and construction, Remedies, Injunctions, Environmental law, Offenses against the environment, Environmental crimes

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Balancing the adoption triangle: the state, the adoptive parents and the birth parents - where does the adoptee fit in?

Article Abstract:

It is worth considering alternatives to the current adoption system in the US, under which it is unusual for adoptees to be allowed access to their original birth records unless the consent of the biological parents is obtained. Adoptees find it hard to meet the criteria for proving that they should have access to their original birth records, especially as there is no uniform definition for these criteria. It would perhaps be better to place the burden of proof on the birth parents, who would have to show that there is good reason for the original birth certificate not to be released.

Records and correspondence, Adoption, Conflict of laws, Adoptees

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Balancing the costs and benefits of risk reduction

Article Abstract:

The Health and Safety Executive (HSE) prepares cost-benefit assessments as a part of ints advice to Ministers on whether to adopt legislative proposals, namely the expected cost of implementation and the likely health and safety benefits. Due to time constraints and tight resources the HSE bases these on existing information supplemented just by small-scale and targeted enquiries to trade associations, firms and other stakeholders.

United Kingdom, Methods, Management, United Kingdom. Health and Safety Executive, Cost benefit analysis

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