Del Monte Dunes v. City of Monterey: will the Supreme Court stretch the takings clause beyond the breaking point?

Article Abstract:

The Supreme Court has, in recent years, used the regulatory takings clause of the U.S. Constitution as a means of weakening local and state land use controls. The clause, intended originally to prevent government confiscation of property, has been expanded well beyond the physical taking of property. The Del Monte Dunes v. City of Monterey case, pending before the court in 1998, if wrongly decided, could wreak havoc on state and local land use regulation by allowing jury trials of takings claims.

Local government, Powers and duties, State government, Regulatory taking (Law), Police power

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Control of hazardous air pollution

Article Abstract:

The detailed provisions of the Clean Air Act Amendments of 1990 aimed at the control of hazardous air pollutants are discussed. The Emergency Planning and Community Right to Know Act of 1986's provisions aimed at preventing accidental catastrophic releases of HAPS and its reporting requirements are also included.

Prevention, Air pollution, Right to know (Hazardous substances)

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The bill of attainder clause: a new weapon to challenge the Oil Pollution Act of 1990

Article Abstract:

Section 5007 of the Oil Pollution Act of 1990, included within that act's Prince William Sound provisions, are discussed. Companies following the Exxon-Valdez spill have criticized further use of this law as an unconstitutional bill of attainder.

Cases, Bill of attainder, Liability for oil pollution damages, Attainder, Bills of attainder

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