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Articles 1 - 6 of 6
Full-Text Articles in Law
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway
Student Articles and Papers
No abstract provided.
Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga
Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga
Student Articles and Papers
The volume of NOX andSO2 emissions each year from unregulated, grandfathered power plants demonstrates that the goal of the CAA's PSD program, to ensure that air quality standards under NAAQS do not in effect become a ceiling, has achieved only limited success. One significant challenge under the PSD program is the difficulty associated with identifying major emitting facilities that have made major modiciations. This repeatedly results in statute-of-limitations problems for enforcement efforts. To resolve this enforcement difficulty, reviewing courts have split into two competing interpretations of the statutory and regulatory requirements of the PSD program. The proper interpretation …
Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover
Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover
Student Articles and Papers
Massive facilities that keep large numbers of livestock have overtaken small, independent farms as the primary source of meat, eggs, and dairy in the United States. These concentrated animal feeding operations ("CAFOs) compare more to industrial manufacturing operations than to traditional farms, and emit huge quantities of air pollutants that are harmful to public health, sickening people and damaging the environment. The Environmental Protection Agency ("EPA") possesses statutorily provided tools under the Clean Air Act that it uses to regular other polluting industries. However, this article - after reviewing the rise of CAFOs, examining the threats they pose, and surveying …
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
Student Articles and Papers
On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s landscape, as …
The Siren Sounds For Nitrogen, Jeremy S. Scholtes
The Siren Sounds For Nitrogen, Jeremy S. Scholtes
Student Articles and Papers
The international community is intensifying its efforts to combat nitrogen pollution, a threat to human health and the environment. In this Article, Jeremy S. Scholtes examines the nature of this type of pollution and the legal instruments currently in place that deal with it. He begins by explaining the theoretical concerns that negotiators must consider when designing legal instruments, recommending that regional hard law instruments in concert with partnership coordination platforms are the most effective tools for addressing nitrogen pollution. He concludes that the 1979 Convention on Long-Range Transboundary Air Pollution (LRTAP) should be used as the model for developing …
A New Kind Of "Outrageous Misconduct": Effects To Undermine The Law's Ability To Deter And Punish Intentional And Outrageous Corporate Behavior, Candace Howard
A New Kind Of "Outrageous Misconduct": Effects To Undermine The Law's Ability To Deter And Punish Intentional And Outrageous Corporate Behavior, Candace Howard
Student Articles and Papers
The current tort "reform" movement, if successful, will completely undermine our most effective tool for deterring outrageous corporate misconduct: the threat of punitive damages. Such "reform" would have a particularly egregious impact on the environment and public health because, due to a lack of enforcement and the undetectable nature of many pollutants, environmental offenses are often more difficult to deter than other types of offenses. The essay argues that, although rarely imposed for environmental offenses, punitive damages are especially vital in that arena because, when imposed, they are richly deserved. It concludes that, rather than tort reform, what we need …