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William & Mary Law School

2008

Air Pollution Control

Articles 1 - 2 of 2

Full-Text Articles in Law

Why A Different Approach Is Required If Global Climate Change Is To Be Controlled Efficiently Or Even At All, Alan Carlin Apr 2008

Why A Different Approach Is Required If Global Climate Change Is To Be Controlled Efficiently Or Even At All, Alan Carlin

William & Mary Environmental Law and Policy Review

No abstract provided.


Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank Apr 2008

Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank

William & Mary Law Review

In Massachusetts v. EPA, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent or when states are entitled to more lenient standing. This Article concludes that the Court has historically given states preferential status in federal courts when a state files a parens patriae suit based on the state's quasi-sovereign interest in the health and welfare of its citizens or the natural resources of its inhabitants and territory. A quasi-sovereign interest is inherently less concrete and particularized than the types of injuries that …