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Full-Text Articles in Law

Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga Jul 2013

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 ...


Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover Jan 2013

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 current ...