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Full-Text Articles in Law
Putting The Brakes On California's Emissions Standards: An Analysis Of The Legal Challenges California's Advanced Clean Cars Ii Standards Will Face, Michael Maloof
Cleveland State Law Review
This Note discusses the legal implications of California’s Advanced Clean Cars II vehicle-emissions standards. These standards, which would affect vehicle model years 2026 through 2035, seek to eliminate the sale of new gasoline-powered vehicles in favor of only selling electric, zero-emission vehicles. In light of the Supreme Court’s recent decision in West Virginia v. EPA, this type of “generation-shifting” plan stands on broken ground due to the applicability of the Major Questions Doctrine. The agency action here—EPA approval of a Clean Air Act §7543 waiver—is exactly the type of “extraordinary case” that the Court must strike down in order …
Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo
Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo
Cleveland State Law Review
This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone from one state to another. After an overview of the Act and specific sections dealing with ozone transport, the Note discusses the Environmental Protection Agency's (the "EPA") inconsistent interpretation and application of the Act, as exposed through the limited case law addressing this issue to date. Next, using the illustrative cases of Pennsylvania and Ohio, the Note discusses how Northeastern states are suffering economically and physically due to Midwestern pollution. This Note concludes that it is time for the EPA to stop …