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The Caa Motor Vehicle Inspection And Maintenance Program: Is It Cost Effective?, Arnold W. Reitze Jr. Oct 2017

The Caa Motor Vehicle Inspection And Maintenance Program: Is It Cost Effective?, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

Under the Clean Air Act, state-run vehicle inspection and maintenance (I/M) programs aim at preventing both manufacturers and consumers from circumventing or tampering with emissions control technology. Recent manufacturer cheating scandals, however, were detected by means other than I/M programs, and much I/M enforcement has been targeted at relatively low-level offenses. This Article traces the evolution of the I/M program and examines whether it currently provides benefits greater than its costs to vehicle owners, using Utah’s Wasatch Front (which includes Salt Lake City) to illustrate how the program operates in practice. It concludes that there is little current information to …


Do Not Forget To Wear A Hat, Michael Herz Aug 2017

Do Not Forget To Wear A Hat, Michael Herz

Online Publications

President Trump’s tweets get all the attention, but those from others in the federal government can also be pretty striking. Consider how the U.S. Environmental Protection Agency’s (EPA) Twitter feed is taking on global and local environmental threats.


The Elephant In The Room Or The Elephant In The Mousehole? The Legal Risks (And Promise) Of Climate Policy Under §115 Of The Clean Air Act, Nathan Richardson Apr 2017

The Elephant In The Room Or The Elephant In The Mousehole? The Legal Risks (And Promise) Of Climate Policy Under §115 Of The Clean Air Act, Nathan Richardson

Faculty Publications

Climate policy in the United States is near an inflection point. With Congress uninterested in new legislation, focus at the federal level for most of the last decade has been on the Clean Air Act, but whether regulation under that old statute can successfully address carbon emissions remains unclear. Under President Obama, the EPA has focused on two core programs-vehicle emissions standards and the Clean Power Plan, aimed at fossil fuel power plants. But with the latter of these programs under legal challenge, and both falling short of the flexible, economy-wide policy many believe is necessay, academic and policy attention …


The Military-Environmental Complex And The Courts: Comment To Sarah Light, Shi-Ling Hsu Apr 2017

The Military-Environmental Complex And The Courts: Comment To Sarah Light, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns Jan 2017

Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns

Journal Publications

Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of …


Increasing Gasoline Octane Levels To Reduce Vehicle Emissions: A Review Of Federal And State Authority, Romany M. Webb Jan 2017

Increasing Gasoline Octane Levels To Reduce Vehicle Emissions: A Review Of Federal And State Authority, Romany M. Webb

Sabin Center for Climate Change Law

This paper explores the potential for federal and/or state regulation of gasoline octane levels. At the federal level EPA is authorized to regulate the components and/or characteristics of gasoline under section 211 of the Clean Air Act. Pursuant to that section, EPA may regulate octane if evidence before it demonstrates that switching to high octane gasoline is necessary to achieve vehicle carbon dioxide emissions standards (i.e., adopted under section 202 of the Clean Air Act) or would significantly reduce the costs of achieving those standards. If EPA promulgates regulations, or publishes a finding that regulation is unnecessary, state regulatory action …