Suchergebnisse

The Australian Law Reform Commission's report, Child Welfare, was tabled in the Commonwealth Parliament in November 1981. Although the report deals with child welfare in the A.C.T., many of the issues which are addressed are the same as those being considered in other parts of Australia. The report covers a wide range of matters, including:
young offenders and methods of dealing with them;children in need of care;abused children;the licensing of child care services;children in employment; andwelfare services for children and families.This article will focus on the Commission's recommendations on the reform of the law relating to abused children and other children in need of care.

AbstractThe ban on preenforcement review found in CERCLA section 113(h) is one of the most important and staunchly defended tools in the CERCLA enforcement toolbox. Courts have consistently ruled that challenges to CERCLA cleanups cannot be filed prior to enforcement, and that a broad reading of the section 113(h) ban is necessary to ensure that the Environmental Protection Agency (EPA) and other agencies exercising CERCLA enforcement authority can clean up sites quickly, without the delay caused when parties unhappy with the cleanup file lawsuits. Until recently, courts agreed that section 113(h) applied equally to private and federal facility cleanups. In Fort Ord Toxics Project v. California Environmental Protection Agency, however, a federal court of appeals reversed the decision of a district court and held, for the first time, that section 113(h) does not apply to federal facility cleanups conducted pursuant to CERCLA section 120. In doing so, however, the court failed to consider legislative history indicating that Congress did not intend to treat private and federal sites differently for purposes of section 113(h). The court also failed to acknowledge that its holding is justified by no compelling policy, and will, in fact, seriously undermine the purposes of CERCLA.