States try shielding S&L execs; a classic federalism battle is under way

Article Abstract:

Texas and six other states have passed laws to limit savings and loan officers' and directors' federal liability for thrift losses to instances of 'gross negligence.' What standard of care should determine liability has been a matter of contention since Congress passed FIRREA. The federal government charges that these laws are violations of the Constitution's due process and supremacy clauses. The government also feels the laws treat government agency plaintiffs differently from those in the private sector and limits government in its FIRREA goals of going after those responsible for thrift failures.

Laws, regulations and rules, Federalism, Indemnity against liability, Liability indemnity, Savings and Loan Associations Bailout Crisis, 1987-

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The 'property rights' revolt; environmentalists fret as states pass Reagan-style takings laws

Article Abstract:

The battle against environmentalists has moved from the federal government to the states, with three states passing legislation stating that environmental protection regulations are regulatory takings. This means that owners of the private property involved have the right to compensation. More than 20 states introduced such bills in 1992. One form of takings law requires a study of possible risk under the takings clause before any new environmental regulation is implemented. Another law posits an automatic right to compensation if land value would decrease by 50% due to a regulatory program.

Right of property, Property rights, Regulatory taking (Law)

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'Wise-use' movement grows: activist counties battle the federal government over land-use controls

Article Abstract:

Western counties are pursuing a variety of tactics and legal maneuvers to reduce federal authority over public lands. Some, led by Nye County, NV, are boycotting grazing fees and physically violating federal regulations. Others contend that the federal government has violated its own regulations and are using procedural challenges to insist on a role in making decisions that affect local economies. State legislatures in AZ and NV are also passing aggressive resolutions, while environmental groups support the government position.

United States, Political activity, Environmental policy, Federal-state controversies, Wise use movement, states

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