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When Government Intrudes: Regulating Individual Behaviors That Harm The Environment, Katrina Fischer Kuh
When Government Intrudes: Regulating Individual Behaviors That Harm The Environment, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
Emerging environmental problems and technologies, coupled with the existence of mature regulatory regimes governing most industrial sources of pollution, reveal with new clarity the harms that individual behaviors can inflict on the environment. Changing how individuals impact the environment through their daily behaviors, however, requires a reorientation of environmental law and policy and a balancing of government prerogatives with individual liberty. A growing body of legal scholarship recognizes the environmental significance of individual behaviors, critiques the failure of law and policy to capture harms traceable to individuals, and suggests and evaluates strategies for capturing individual harms going forward. In this …
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes, Jeffrey G. Miller
The Constitutionality Of Citizen Suit Provisions In Federal Environmental Statutes, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The Supreme Court’s decisions under the pollution control statutes administered by the Environmental Protection Agency (EPA) reach startlingly anti-environmental results, but they are explained more by the Court’s overwhelming hostility toward the private enforcement of statutes, rather than an anti-environmental bias. Adding insult to injury, in one of the rare victories for private environmental plaintiffs in those decisions, Justice Kennedy queried whether citizen suits intrude on the President’s Article II executive power and violate the separation of power principles. While other Justices have raised the same concern, Justice Kennedy’s invitation is particularly significant because he is a swing vote in …