Debate on standing remains unresolved
Article Abstract:
The standing of private parties and environmental groups to pursue environmental litigation has come before the courts repeatedly since the Supreme Court first favored the idea in 1965. This concept, the citizen suit in environmental cases, has evolved as a liberal concept. Thus, the two decisions in Lujan v National Wildlife Federation may be liberalized when Justice Byron White's successor takes his seat on the court. Until this happens, cases alleging that governmental actions damaged large areas over a lengthy period of time may face challenges proving 'injury in fact.'
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Sustainable development was Rio theme
Article Abstract:
The 1992 Rio de Janeiro Conference on Environment and Development concentrated on 'sustainable development,' and this concept is the focus of the conventions and other documents which were developed during the Conference. Concepts in five of these documents may eventually appear in the form of laws: the Rio Declaration on Environment and Development, the Convention on Biological Diversity, the UN Framework Convention on Climate Change, the Forest Principles and Agenda 21. The Bush administration did not support the Convention on Biological Diversity.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Laws on waste hit a constitutional snag
Article Abstract:
Federal courts in 1990 and 1991 have struck down legislation in four states that attempted to restrict importation of waste from other states. The Indiana, Alabama, Ohio and South Carolina statutes were found to be unconstitutional under the interstate commerce clause. The issue may soon reach the Supreme Court, creating an opportunity to update its 1978 decision in Philadelphia v. New Jersey, which distinguished waste import bans from quarantine laws.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- Abstracts: Arbitration. Antitrust developments
- Abstracts: Some comments on contributory and induced patent infringement; implications for software developers. Judicial review of PTO patentability": determinations under the substantial evidence standard of review
- Abstracts: The constitutional responsibility of Congress for military engagements. The election of Thomas Buergenthal to the International Court of Justice
- Abstracts: Constitutional questions about vouchers. The Enlightenment case for vouchers. January 27, 1961: the birth of gaylegal equality arguments
- Abstracts: Another lean year for law firms? Survey finds hiring cut in response to steady or decreasing partner income. Till death do us part; same-sex partner seeks assets of partner under equitable doctrine governing heterosexuals