Minutes of the prior meeting were approved without amendment.

The Chair reported on the APA Review project and its several phases leading up to proposed revision text for the APA. An advisory committee of academicians and practitioners would be selected later.

Chair-elect Young reported that the spring meeting will be a planning session for the year, following committee chair appointments in Feb.-March; the fall conference would be the "premier meeting" of the Section. Committee work will be the greater focus of attention and activity of the committees will be a prerequisite for appointment of chairs.

The Chair led all those assembled in applause and thanks for the work of Cynthia Price and Kristine Weiand, Section staff, upon their departure from the Section office.

Delegate Gellhorn reported on activity at the Toronto House of Delegates, which took action on several recommendations of the Section and took action in part on Model Rule 8.4 (bias) and "pay to play" funding rules. Governance changes did not pass.

Randy May moved, Dan Troy seconded and the Council unanimously passed a resolution recognizing the exceptional contributions of the late David Woodward.

The proposal for an ABA amicus brief on the cert. Petition re the Federal Ciccuit's decision in Zurko was then debated at length with presentations by Ernest Gellhorn (speaking as counsel for Compaq and not as an ABA Delegate); Greg Maher, vice chair, Intellectual Property Section; and Nancy Linck, solicitor of the Patent & Trademark Office. After extensive debate, Leonard Leo moved with Susan Braden's second, to authorize the Section to prepare an amicus brief consistent with the reasoning presented by Mr. Gellhorn and further that the brief be submitted for consideration of the ABA Committee on Amicus Briefs. This was defeated 8-2 with abstention by members Raymond Fisher and Stephen Williams.

Member Bruff moved and Troy seconded a motion that the Section would have no objection to a brief being filed on behalf of the ABA is such a brief were proposed by another Section. A brief Section discussion followed. This motion received a majority "yes," 6 affirmative votes with the same two abstentions.

Membership statistics were reviewed and concern was expressed re the retention of members after an initial free trial. A letter from the marketing office of the ABA discussed the renewal of the trial membership offer, and it was favorably commented upon in discussion. No formal action was taken.

The Budget Officer's report on the proposed annual Section budget was presented, moved and unanimously approved. Investment income was a $16,500 gain and publications broke even.

Prof. Sid Shapiro advised that the asbestos recommendation would be discussed further with a report at the next meeting.

Prof. Peter Strauss presented the risk assessment recommendation and report that had been approved by the rulemaking committee of the Section. The report will not be the subject of Council vote; it will become an article in the Harvard Env. Law Jnl. By Profs. John Applegate (Indiana) and Cynthia Campbell Mohn (Vermont). Prof. Strauss reported that SONREEL and Business Law have been sent copies of the package. Proposed changes were offered by Section member Susman. An extremely detailed and active debate followed among the Council, members, and congressional representatives Noe and Kenkeramath.

Chair-elect Young moved the following, seconded by Troy:

Council liaison reports of committee activiites were requested in writing by the Chair. The Budget Officer asked that each committee chair submit estimates of costs to the Section office.

Publications chair Kinney reported on upcoming projects. After discussion, an informal consensus was reached that the Section would publish an annual administrative law update with contributions to be required from chairs of each committee. The chair asked the publications committee to send a more detailed proposal to the executive committee for final decision.

Meeting plans for Los Angeles (Franklin) and London (Young) were discussed. The Council adjourned at noon.