Municipal recovery of natural resource damages under CERCLA

Article Abstract:

Municipalities should have standing under CERCLA to recover damages for offenses against the environment. There is evidence that the legislative intent of the Superfund Amendments and Reauthorization Act of 1986 (SARA) was not the denial of standing to municipalities which courts have effected. Giving municipalities standing would reduce the delay of filing such actions and remediating damaged areas since local governments deal with the problem every day and are the most familiar with a damaged area as well as with the people involved. The drawbacks are the localities' lack of expertise and of resources but these are far outweighed by the advantages.

Municipal government

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Should animals have standing? A review of standing under the Animal Welfare Act

Article Abstract:

Third parties who represent the interests of animals can through carefully choosing plaintiffs satisfy the elements of standing under the Animal Welfare Act. Moreover, the federal district court decision in Animal Legal Defense Fund v. Glickman granting standing to organizational and individual plaintiffs suggests courts might be growing more amenable to such suits. The suit sought to rectify errors and delays in regulations for the humane care of animals. Third-party legal standing under the Animal Welfare Act would reinvigorate this law as a way of protecting animals from abuse.

Animal welfare

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The Fourth Amendment warrant requirement in the environmental law context: can imminent harm to the environment justify a warrantless search?

Article Abstract:

The threat of imminent danger to the environment should be added to the exigent circumstances which can justify a warrentless search. If reasonable and satisfying probable cause is evident, such a search would not impinge on constitutionally protected privacy rights and would be a proactive way of protecting the environment. Such a search might also forestall the adverse effects on public health and large cleanup costs of environmental offenses.

Searches and seizures, Warrants (Law)

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