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Full-Text Articles in Law
Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger
Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger
Errol Meidinger
This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Robert R.M. Verchick
Conservatives love to belittle federal regulations — especially the ones designed to keep our air clean, our water drinkable, our workplaces safe, and our financial markets stable. Conservatives, of course, don’t oppose any of those things. They just think unregulated markets, left on their own, will keep bad things from happening. Customers will see when a dishonest company is putting Americans at risk; and when they do, they will unleash their fury and incinerate it. Unbridled capitalism is the world’s largest self-cleaning oven. Last week’s news from the automotive industry should lay that argument to rest.
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein
Amy L. Stein
Neither the National Environmental Policy Act (“NEPA”) nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an ever-growing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements (“EISs”). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …
Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival
Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival
Robert Percival
No abstract provided.
Regulation Of Greenhouse Gases And Other Air Pollutants In The First Obama Administration And Major Air Issues For The Second Term, Patricia Mccubbin
Regulation Of Greenhouse Gases And Other Air Pollutants In The First Obama Administration And Major Air Issues For The Second Term, Patricia Mccubbin
Patricia Ross McCubbin
President Barack Obama has made addressing climate change the centerpiece of his environmental policy. Most recently, on June 25, 2013, the President gave a groundbreaking speech detailing the steps his administration will take to reduce greenhouse gas emissions throughout the United States. Of great controversy, the President directed the U.S. Environmental Protection Agency (EPA) to limit emissions of greenhouse gases from both new and existing power plants, which represent 40% of total U.S. carbon emissions. The President’s call to action – in his June 2013 speech and throughout his first term – stands in stark contrast to Congress’s inability to …
An Overview Of This Issue: Climate Change In 2009, Perry Wallace
An Overview Of This Issue: Climate Change In 2009, Perry Wallace
Perry Wallace
No abstract provided.
Cap And Trade Programs Under The Clean Air Act: Lessons From The Clean Air Interstate Rule And The Nox Sip Call, Patricia Ross Mccubbin
Cap And Trade Programs Under The Clean Air Act: Lessons From The Clean Air Interstate Rule And The Nox Sip Call, Patricia Ross Mccubbin
Patricia Ross McCubbin
The Clean Air Interstate Rule (CAIR), adopted in 2005, was well recognized as the most important rule to improve air quality adopted by the Bush Administration. To alleviate high levels of smog and soot east of the Mississippi, the rule capped harmful emissions in 28 states, but allowed regulated facilities to participate in an emissions trading program. Such cap and trade programs have become a favored tool for EPA and many other parties because they allow industries to meet environmental goals cost-effectively. CAIR received widespread support from many quarters. States and environmental organizations viewed the rule as a good step …