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Full-Text Articles in Law
Title Vi And The Warren County Protests, Bradford Mank
Title Vi And The Warren County Protests, Bradford Mank
Faculty Articles and Other Publications
One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls ("PCB") landfill in Warren County, North Carolina, was a suit by the National Association for the Advancement of Colored People ("NAACP") under Title VI of the 1964 Civil Rights Act. Although the suit was unsuccessful, the Warren County protests led to a 1983 General Accounting Office study and a 1987 United Church of Christ's Commission on Racial Justice (CRJ) study, both of which found that hazardous waste facilities were more likely to be located in minority communities. The Warren County protests and the two studies helped build …
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
Faculty Articles and Other Publications
Part I of this article will provide a brief introduction to section 404 of the Clean Water Act. Part II will examine the Tulloch rule. Part III will examine the district court's opinion. Finally, part IV will demonstrate that section 404(a) is ambiguous regarding whether incidental fallback from dredging may in some circumstances constitute disposal under the statute and, accordingly, that under the Chevron doctrine the district court erred in failing to defer to the agencies' Tulloch rule.
What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank
What Comes After Technology: Using An Exceptions Process To Improve Residual Risk Regulation Of Hazardous Air Pollutants, Bradford Mank
Faculty Articles and Other Publications
Section 112 of the Clean Air Act (the Act) governs the regulation of hazardous air pollutants. From 1970 to 1990, the statute required the United States Environmental Protection Agency (EPA) to regulate hazardous air pollutants on a pollutant-by-pollutant basis. Environmental policy analysts generally acknowledge that this approach failed due to scientific uncertainties and unclear direction from Congress on how the EPA should balance the competing concerns of cost and safety. In an effort to improve the Act's effectiveness, Congress passed the 1990 Amendments (the Amendments) to the Act, which established a two-phased approach to regulation. First, subsection 112(d) requires the …