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Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley Dec 2010

Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley

Chicago-Kent Law Review

The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with the Clean …


Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning Aug 2010

Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning

Golden Gate University Environmental Law Journal

This Comment is an environmental justice critique of the ongoing use of methyl bromide. Part I provides an overview of methyl bromide, the Montreal Protocol, the CAA, and the Executive Order on Environmental Justice. Part II critiques the system of CUEs by arguing that the ongoing use of methyl bromide, facilitated by the Environmental Protection Agency (EPA), places an undue burden on minority and low income communities and, therefore, violates the Executive Order on Environmental Justice. In addition, Part II illustrates other instances in which the EPA has violated the Executive Order; argues that the CUE system violates the environmental …