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Army Lawyer

ENVIRONMENTAL LAW NOTES

March, 1991

1991 Army Law. 70

Author

OTJAG Environmental Law Division and TJAGSA Administrative and Civil Law Division

Excerpt

The following notes advise attorneys of current developments in the area of environmental law and of changes in the Army's environmental policies. OTJAG Environmental Law Division and TJAGSA Administrative and Civil Law Division encourage practitioners to submit articles and notes from the field for this portion of The Army Lawyer. Authors should submit articles to The Judge Advocate General's School, ATTN: JAGS-ADA, Charlottesville, VA 22903-1781.

Legislative Activity in the 101st Congress

1990 Clean Air Act Amendments

The new Clean Air Act (CAA) Amendments 1 were signed into law by President Bush on November 15, 1990. This is the first significant revision of the CAA in thirteen years. It strengthens and broadens the CAA by setting specific goals and timetables for reducing urban smog, airborne toxins, acid rain, and stratospheric ozone depletion. Unlike other statutes of this magnitude, the legislative history accompanying the CAA includes only a staff-prepared conference committee report, rather than a formal conference report receiving full approval of the conference committee. This abbreviated "statement of the managers" was inserted into the Congressional Record. 2 Controversy has developed because some House members did not agree that "the statement" reflected the thinking of all conferees. This disputed legislative history may figure prominently in future litigation involving the CAA.

One of the new amendments to the CAA is of special importance to Army attorneys. Section 118 3 now waives the Federal Government's sovereign immunity for the payment of all fees and charges used to defray the cost of a ...
 
 
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