TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 6 P24

Gale Encyclopedia of American Law Volume 6 P24 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 218 LANDIS KENESAW MOUNTAIN and negative environmental effects of the proposed undertaking and alternatives. The EIS must also examine the effect of not implementing the proposed action. This noaction alternative may result in the agency s continuing to use existing approaches. Although NEPA requires agencies to consider the environmental consequences of their actions it does not force them to take the most environmentally sound alternative nor does it dictate that they pursue the least expensive option. The effect of environmental policies on land use has been substantial. State governments followed the lead of the federal government and passed statutes that create water and air pollution control agencies. Some states require an EIS and a number have comprehensive legislation. Land-Use Conflicts Government and judicial bodies usually attempt to make land-use policies responsive to emerging concerns and developing needs. Conflicts result from situations in which localities attempt to block or ignore those needs or from situations in which the response is challenged as an overextension of the police power. The complexity of urban problems and the growth of urban areas place constant tension on the land-use process. Urban land-use is not all that causes tension between the government and landowners. Decisions to set aside undeveloped or rural land for governmental use causes controversy as well. One example of this practice was the decision by the federal government in 2002 to set aside Yucca Mountain in Nevada for storing all . nuclear waste. Various landowners and Native American tribes as well as the state of Nevada filed lawsuits attempting to stop this use of Yucca Mountain. In March 2009 the Obama Administration announced its intention to abandon federal plans for Yucca Mountain. With the population of states such as Nevada growing rapidly resulting in a decrease of available land these wrangles over land use are anticipated to become more frequent. FURTHER

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