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Arrival Then Denial: Interpreting §203(A) Of The Clean Air Act, Analyzing Evidentiary Challenges, & Assessing Conflicting Statutory Directives, Jesse Levine
Distinguished Student Research Papers
An “arrival then denial” occurs when uncertified engines arrive at a U.S. port, but are denied entry to the U.S. by Customs & Border Protection (Customs). Why does this matter? In most cases these uncertified engines are sent back to the country of origin. However, due to resource constraints, a sizeable number of uncertified engines slip past Customs and enter the U.S. each year. Uncertified engines, without proper controls, have been estimated to emit at least 30% more emissions than their certified counterparts. Such emissions exacerbate climate change, acid rain, and air quality generally. EPA attorneys assert that their best …
What Will Happen To The Critters, William Snape
What Will Happen To The Critters, William Snape
Articles in Law Reviews & Other Academic Journals
On September 16, 1993, United States President Bill Clinton and his counterparts in Mexico and Canada signed the environmental supplement to the North American Free Trade Agreement (NAFTA). This environmental agreement addresses two main issues: enforcement of domestic environmental laws through possible trade sanctions and environmental cooperation among the three Parties-both to be implemented by a newly created Commission on Environmental Cooperation (CEC). Although increased environmental cooperation possesses no legal mandate per se and has been characterized by some as "green window-dressing," the CEC's authority to examine virtually any environmental issue related to trade is precedent setting. For example, the …
Enforcement Of Environmental Laws Under A Supplemental Agreement To The North American Free Trade Agreement, William Snape
Enforcement Of Environmental Laws Under A Supplemental Agreement To The North American Free Trade Agreement, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Enforcement of environmental laws is one of the key issues in the debate over the relationship between trade and environment in the North American Free Trade Agreement (NAFTA). Without uniformly strong enforcement in all three NAFTA nations, there is the potential for in- creased migration of "dirty" industries to nations with lax enforcement, and for increased environmental degradation. Furthermore, industries subject to lax enforcement do not have to internalize environmental compliance costs and so have a competitive advantage over their international rivals. This article discusses various approaches to encouraging enhanced enforcement of environmental laws as one component of a …