X hits on this document





48 / 51

discrete segment of the environment172 or regulating the use of certain products.173  This may be referred to as the "rifle shot approach" to environmental protection.174  

The major omission of the environmental legislation, however, is its failure to address the issue of land use.  For the past twenty five years, science has proven that the amount and type of development on the land in a watershed has a tremendous impact on the viability of that watershed as an ecosystem.  Additionally, increases in air pollution and decreases in open space are directly attributable to sprawling development patterns.  This nation, however, has chosen to ignore the land use connection.

What has been learned in the past quarter century must guide us into the future.  The quiet revolution in land use has demonstrated that states with enough initiative can create comprehensive plans that preserve the environment, foster economic growth and encourage social equity.  Since the 1970s, Hawaii, Vermont, Maine, Florida, Georgia, Oregon, New Jersey, Washington, Rhode Island

    (For example, see Clean Water Act, 33 U.S.C.A. §§ 1251 to 1387 (West, 1993); Clean Air Act, 42 U.S.C. §§ 7401 to 7671q (West, 1993); Endangered Species Act,16 U.S.C.A. §§ 1531 to 1544 (West, 1993).

    (For example see Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C.A. §§ 136 to 136y (West, 1993) (regulating the use of pesticides); Resource Conservation and Recovery Act, 42 U.S.C.A. §§ 6901 to 6992k (West, 1993) (regulating the use of hazardous materials); Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§ 9601 to 9675 (West, 1993) (imposing liability for clean up of hazardous waste sites).

    (The phrase "rifle shot approach" was used by Richard Barth, President and CEO of Ciba, at a seminar on sustainable development, to describe the single subject approach of environmental regulation in this country.  Richard Barth's Presentation, Transcript of Seminar on the Law of Sustainable Development In the United States, conducted at Pace University School of Law, March 2, 1995 (copy on file with the author).


Document info
Document views193
Page views193
Page last viewedTue Jan 24 13:56:05 UTC 2017