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A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles
A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles
Publications
This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaking procedure, specifically the 1997 PM revision process, lacked an "intelligible principle" in violation of the nondelegation doctrine. Part I outlines the judicially imposed restraints on agency rulemaking and describes the history of the NAAQS revisions, particularly the revised PM standard. Part II describes American Trucking and discusses the reasoning behind the court's challenge to find an "intelligible principle" for the NAAQS revisions. Part III argues that American Trucking erred because the EPA did follow an "intelligible principle" when it promulgated the 1997 revised PM standards. This Comment …
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Publications
For the first five years of the 1990's, Noxubee County, Mississippi experienced a deeply divisive battle over the proposed siting there of one of the nation's biggest toxic waste dump and incineration facilities. Noxubee County, which is nearly 70% African-American, is also desperately poor. The fight over the proposed waste facility was in part a question of jobs versus environmental protection yet, as the selection below suggests, the waste fight was also influenced by long-standing animosities and social divisions-factors that, in my view, have been insufficiently appreciated by environmental justice activists and environmental lawyers alike.