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.

United States, Laws, regulations and rules, Landscape, Open spaces, Police power

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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.

Analysis, Toxic torts

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