Industrial Site Selection: Existing Institutions and Proposals for Reform

Recent environmental concern has been drawn to the problem of industrial expansion as it relates to those natural resources traditionally considered free, such as waterways and airsheds. The inevitable increasing conflict between industrial growth and environmental preservation makes the need for comprehensive land use regulation and industrial site control even more apparent. Most states do not currently possess comprehensive environmental legislation designed to facilitate industrial site selection pursuant to a program of general land use control. However, even where such legislation exists, it has generally proven to be inadequate to handle complex environmental and developmental problems because of hopeless interagency fragmentation and procedural overlap or delay. In recognition of the inadequacy of existing regulatory structures and the need for comprehensive land-use regulation and industrial site control, the Special Committee on Environmental Law of the American Bar Association (ABA) undertook a three-year study that culminated in its final report titled Development and the Environment: Legal Reforms to Facilitate Industrial Site Selection. The report outlines proposals for administrative reform of existing regulatory structures at both the federal and state level so as to better provide for industrial site selection pursuant to the overall public interest. A resolution approving in principle the final report of the Special Committee was adopted by the ABA at its annual meeting in August 1974. This article examines in detail the ABA Committee report in relation to currently existing governmental structures for environmental regulation. Present law at both the federal and state level is first discussed, focusing on those governmental institutions that have a direct impact on industrial site selection. Next, there is a discussion of both the procedural and substantive aspects of the Committee reform proposals. Finally, conclusions are drawn and recommendations made with respect to specific Committee proposals and existing institutional needs