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Full-Text Articles in Law

Project Xl: Should It Be Used To Wage War On Urban Sprawl?, Janet L. Bozeman Mar 2000

Project Xl: Should It Be Used To Wage War On Urban Sprawl?, Janet L. Bozeman

Georgia State University Law Review

No abstract provided.


Annual Survey Of Virginia Law: Environmental Law, Eric A. Degroff Jan 2000

Annual Survey Of Virginia Law: Environmental Law, Eric A. Degroff

University of Richmond Law Review

This article summarizes federal and state environmental developments occurring in, or potentially affecting, the Commonwealth of Virginia during the period of June 1998 to June 2000. Legislative, regulatory, and judicial developments are included.


Let's Clear The Air: Enforcing Civil Penalties Against Federal Violators Of The Clean Air Act, Lisa M. Schenck Jan 2000

Let's Clear The Air: Enforcing Civil Penalties Against Federal Violators Of The Clean Air Act, Lisa M. Schenck

GW Law Faculty Publications & Other Works

The Clean Air Act (CAA) includes enforcement provisions by which violators of the Act can be held civilly liable for penalties. When federal agencies violate the CAA, however, the Constitution and the sovereign immunity doctrine serve as obstacles to civil enforcement. Federal agencies contend that the Constitution's separation of powers doctrine, unitary executive theory, and "case or controversy" justiciability requirement bar the United States Environmental Protection Agency (EPA) from proceeding against them in civil enforcement actions. This Article addresses these arguments and examines the executive branch's approach to enforcing the Act against federal agencies. Federal agencies also have asserted the …