Uniform Laws

When it comes to the area of environmental law, the National Conference of Commissioners on Uniform State Laws has recommended two Acts to be adopted and used by all states in the United States.  They are the Uniform Transboundary Pollution Reciprocal Access Act and the Uniform Conservation Easement Act.

Uniform Transboundary Pollution Reciprocal Access Act: The Uniform Transboundary Pollution Reciprocal Access Act which has been adopted by several states such as Colorado, Michigan, Montana, New Jersey, Oregon, and Wisconsin, applies to suits for pollution which crosses political boundaries.  The Act was drafted and recommended for enactment by the National Conference of Commissioners on Uniform State Laws and the Uniform Law Conference of Canada.  The Uniform Transboundary Pollution Reciprocal Access Act contains rules specifically relating to cases involving transboundary pollution.  The Act provides that a legal action, for injury or threat of injury to property or person in a reciprocating jurisdiction, caused by pollution, originating in another reciprocating jurisdiction, may be brought in the jurisdiction from which the pollution originated.

Uniform Conservation Easement Act: A conservation easement restricts real estate development, commercial and industrial uses, and certain other activities on a property for the purposes of conserving the property and protecting it from certain forms of development or use.  Several states have enacted laws specifically authorizing the creation of conservation easements as valid interests in land.  These laws are generally modeled after the Uniform Conservation Easement Act adopted by the National Conference of Commissioners on Uniform State Laws in 1981.  States that have adopted the Uniform Conservation Easement Act include Alabama, Alaska, Arizona, Arkansas, Delaware, District of Columbia, Idaho, Indiana, Kansas, Kentucky, Maine, Minnesota, Mississippi, Nevada, New Mexico, Oregon, South Carolina, South Dakota, Texas, Virginia, West Virginia, Wisconsin and Wyoming.


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