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7 Docket Call 1 (1972-1973)

handle is hein.journals/dcktcll7 and id is 1 raw text is: j~I         4J~

,blished by Section of General Practice =   American Bar Association

Volume VII, Number 1

March, 1972

Vieux Carre. . . St. Peter and Royal streets...
some of the most famous restaurants in New
Orleans are on Royal Street.
SECTION COMMITTEES CONSIDER
CITIZENS SUITS RESOLUTIONS
AT NEW ORLEANS MEETING
By George B. Raup
Two committees of the General Practice Section were
especially active during the 1972 Mid-Year meeting of the
General Practice Section of the ABA at New Orleans. On
Saturday, February 5, 1972, at the Fairmont Roosevelt Hotel
the Section's Environmental Law Committee under the
chairmanship of J. Thomas Greene of Salt Lake City, Utah,
and the Consumer Class Actions Committee under the
chairmanship of James J. Bierbower of Washington, D.C., met
jointly to consider two resolutions. A resolution prepared by
the Natural Resources Law Section's Committee on
Environmental Quality urges Congress with respect to federal
statutes, standards, regulations or orders pertaining to
pollution of the environment, (a) to lodge primary
responsibility for their enforcement in appropriate regulatory
agencies, (b) to authorize private civil enforcement actions
only upon a finding that private enforcement is needed to

supplement agency action, and (c) to include in any legislation
appropriate safeguards insuring that primary jurisdiction
remains in the appropriate agency and limiting standing to sue
to persons or classes able to demonstrate injury to their
persons or property as a result of specific alleged violation of
statute, regulation, or order.
The Natural Resources Law Section has been circulating
this proposed resolution for comment by other interested
sections and committees. It was the feeling of that section that
a resolution to establish an ABA position would be presented
to the section council at the Mid-Year Meeting, and the
Natural Resources Law Section apparently is aiming to have
the resolution ready for consideration by the House of
Delegates at the Annual Meeting of the Association in San
Francisco.
The joint meeting of the General Practice Section's
Committees on Environmental Law and Consumer Class
Actions also had on the agenda the consideration of the
recommendation of the Special Committee on Environmental
Law of the American Bar Association, David F. Maxwell,
(Continued on page 4)

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