Takings and environmental regulations

Article Abstract:

The US Supreme Court ruled on Jun 29, 1992 in Lucas v South Carolina Coastal Council that states must pay owners when regulations effectively deprive them of property even when the regulations were needed to ensure public safety. This decision, written by Justice Antonin Scalia, broadened the application of the total destruction of value dictum and restricted application of the noxious uses doctrine that had previously been cited to justify the regulatory taking of property without compensation.

Cases, Right of property, Property rights, Environmental law, Regulatory taking (Law)

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Citizens Against Burlington, Inc. v. Busey: defining reasonable alternatives to be examined in a NEPA-required environmental impact statement

Article Abstract:

The US Court of Appeals for the District of Columbia Circuit, in Citizens Against Burlington Inc v Busey, gave deference to federal agency determinations regarding environmental impact statements for proposed project locations and the consideration of reasonable location alternatives. Congress should amend the National Environmental Policy Act to require federal agencies to be more responsive to local community concerns and alternative location suggestions.

Powers and duties, Administrative agencies, Government agencies, Judicial review of administrative acts, Environmental impact statements

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The environmental self-audit privilege: growing movement in the states nixed by EPA

Article Abstract:

The EPA has decided that it will not treat corporate environmental self-audits as privileged business information. This means that companies may be forced to make public the results of environmental audits. Many states have ruled that such audits are privileged. Case law surrounding the issue and possible legislative remedies at the national level are discussed.

United States, Access control, Confidential communications, Environmental auditing, Business records, states

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