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Full-Text Articles in Law
Michigan V. Environmental Protection Agency, Lindsay Ward
Michigan V. Environmental Protection Agency, Lindsay Ward
Public Land & Resources Law Review
What’s the price of clean air? The Supreme Court found that the EPA, tasked with setting limits on hazardous pollutants, unreasonably declined to consider cost when regulating power plant emissions under the Clean Air Act. 42 U.S.C. § 7412 gives the EPA the authority to regulate power plants under the Clean Air Act as long as the Agency finds that “regulation is appropriate and necessary.” In the instant case, the EPA concluded that regulation met both these requirements. Finding the agency’s decision unreasonable, the majority struck down the EPA’s rule. The minority, however, asserted that the decision was unsound; it …
The Epa Is Only “Sort Of” Permitted To Regulate Greenhouse Gases Under The Clean Air Act: How Utility Air Regulatory Group V. Epa Shows The Supreme Court Is Still Hot And Cold On Climate Change, Kristen Curley
Touro Law Review
No abstract provided.
Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber
Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber
Michigan Journal of Environmental & Administrative Law
Interstate air pollution can prevent even the most diligent downwind state from attaining the air quality levels required by federal law. Allocating responsibility for emissions cuts when multiple upwind states contribute to downwind air quality violations presents a particularly difficult problem. Justice Ginsburg’s opinion for the Court in EPA v. EME Homer City Generator, L.P., gives EPA broad discretion to craft regulatory solutions for this problem. Although the specific statutory provision at issue was deceptively simple, the underlying problem was especially complex because of the large number of states involved. Indeed, neither the majority opinion nor the dissent seems to …
Too Many Cooks In The Climate Change Kitchen: The Case For An Administrative Remedy For Damages Caused By Increased Greenhouse Gas Concentrations, Benjamin Reese
Michigan Journal of Environmental & Administrative Law
Recent federal and state court decisions have made clear that federal common law claims against emitters of greenhouse gases are not sustainable; however, those same courts seem to have given state common law tort claims the green light, at least if the claims are brought in the state where the polluters are located. This Note contends that such suits are not an adequate remedy for those injured by climate change because they will face nearly insurmountable barriers in state court, and because there are major policy-level drawbacks to relying on state tort law rather than a federal solution. This Note …
Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki
Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki
University of Michigan Journal of Law Reform Caveat
The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …
A Controversy Fueled By Methyl Tertiary Butyl Ether (Mtbe), Anthony Cognetti
A Controversy Fueled By Methyl Tertiary Butyl Ether (Mtbe), Anthony Cognetti
University of Baltimore Journal of Land and Development
Over the past few decades, Maryland has been faced with a controversial issue pertaining to methyl tertiary butyl ether (MTBE) groundwater contamination.1 In 1979, MTBE was added to gasoline in an attempt to reduce smog-producing air pollutants.2 While its chemical properties have been scientifically proven to reduce air pollutants, this “environmentally friendly” chemical eventually became a topic of great debate as MTBE was leaking through underground storage tanks and contaminating groundwater sources.3 Many states thereafter filed lawsuits against gasoline refining companies for their role in adding MTBE, and most of them have received remarkably high settlements in return.4 The State …