Carol V. Clark Law
Environmental Law Newsletter
2002 Changes to Clean Air Act New Source Review Permitting Program
 
In 2002, the Environmental Protection Agency (EPA)proposed modifications to New Source Review (NSR) regulations insofar as they applied to the modification of existing sources. The modifications make no changes to regulations applicable to newly constructed sources. The most prominent change to the NSR program expands the existing exclusion from the NSR permitting requirements for "routine maintenance, repair, and replacement." Prior to the changes in the regulations, a complex analysis was applied to determine what activities met the exclusion.More...
 
The Takings Clause and Environmental Regulatory Takings
 
Under the United States Constitution, a government may not take private property for public use without compensation, whether federal, state, or local. More...
 
The Farmland Protection Policy Act
 
In 1981, Congress passed the Farmland Protection Policy Act (FPPA), one of the purposes of which is to minimize the extent to which actions of the federal government result in the irreversible loss of farmland and to ensure that federal programs or federally-assisted programs were administered in such a way as to be compatible with state and local policies designed to protect farmland. The FPPA gives the U.S. Department of Agriculture (USDA) the responsibility to develop criteria to identify the effects of federal activities on the conversion of farmland to nonagricultural uses.More...
 
The Antarctic Treaty System
 
In recognition of the fact that Antarctica was the last unexploited continent on Earth, the 12 countries actively conducting research on Antarctica came together in 1959 and signed the Antarctic Treaty, under which signatory nations pledged to ensure that Antarctica was used for peaceful purposes only and to foster international cooperation in research activities there. Through the years, several other agreements were reached with respect to Antarctica, and together with the original Antarctic Treaty, they are known as the Antarctic Treaty System.More...
 
Whaling
 
The international community began to take steps to regulate whaling with the purpose of preventing the perpetuation of over-hunting that had become the legacy of whaling for centuries. A number of international agreements as to how whaling should be regulated culminated in the signing of the International Convention for the Regulation of Whaling (Convention) in 1946, which became effective in 1948. The International Whaling Commission (IWC) was created by the Convention to administer the mandates of the Convention. The IWC may completely protect some species of whales; establish whale sanctuaries; set limits on the species, numbers, and sizes of whales that may be taken; set whaling seasons; and prohibit the whaling of calves and female whales accompanied by calves.More...
 
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