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Articles 1 - 30 of 64
Full-Text Articles in Law
The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers
The Particle Problem: Using Rcra Citizen Suits To Fill Gaps In The Clean Air Act, Kurt Wohlers
Michigan Law Review
While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act, …
Congestion Pricing And The Opportunity To Confront New York City's Air Quality Emergency, Chad Hughes
Congestion Pricing And The Opportunity To Confront New York City's Air Quality Emergency, Chad Hughes
William & Mary Environmental Law and Policy Review
Poor air quality in New York City is a public health emergency that disproportionately harms the city’s most vulnerable populations. Recent studies have found that exposure to particulate matter pollution previously thought “safe” causes significant damage to perhaps every organ of the human body. While New York City has reduced particulate matter exposure over the last decade, progress has stalled. In fact, climate change, the shift in the automobile market from sedans to SUVs and “light” trucks, and the federal pullback of environmental enforcement under Trump suggest that air pollution in New York City is likely to worsen.
While the …
Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams
Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams
Washington Law Review
Wildfires are increasing in both frequency and severity due to climate change. Smoke from these fires causes serious health problems. Land managers agree that prescribed burns help mitigate these negative consequences. Prescribed burns are lower-intensity fires that are intentionally ignited and managed for an ecological benefit. They reduce the amount of smoke produced and limit wildfire damage to natural systems and human property.
The Clean Air Act (CAA) is designed to regulate air pollution to protect public health, yet it exempts wildfire smoke through the exceptional events designation while imposing strict regulations on prescribed burns. Congress and the Environmental Protection …
Environmental Law And Air Pollution In U.A.E. - Prof. Maged Rageb El-Helw, Prof. Majed Ragheb Ei-Helw
Environmental Law And Air Pollution In U.A.E. - Prof. Maged Rageb El-Helw, Prof. Majed Ragheb Ei-Helw
UAEU Law Journal
The serious impact of air pollution is of great concern to both citizens and authorities of all communities in the world. Every bod y hopes to breathe clean air, and every government wishes to keep its country as environmentally pure as possible, free from any kind of pollution , with a heal thy clear atmosphere . However, industrial processes, power generation, motor vehicles, burning of wastes and other sources of pollution tend to pollute the air to which the general population is exposed in almost all countries. This brief study is concerned with air pollution in the United Arab Emirates …
Transit-Oriented Development: The Quest For Sustainable Cities In The Age Of The Automobile, Franklyn P. Salimbene, William P. Wiggins
Transit-Oriented Development: The Quest For Sustainable Cities In The Age Of The Automobile, Franklyn P. Salimbene, William P. Wiggins
William & Mary Environmental Law and Policy Review
During the early and mid-twentieth century the automobile captured the imagination of the American public. Superhighways, which were the vision, became the reality with the promise of speedy and safe travel. During this visioning, little attention was given to the impacts the highway system would have on urban America. Of course, by the end of the century the impacts were quite clear and distressing. Traffic congestion and air pollution became, and now are, among the most challenging aspects of life in American cities. In contemplating measures to alleviate the negative effects of these twin challenges, federal, state, and local agencies, …
A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino
A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino
Pace Environmental Law Review
Climate change will lead to an increase in violent crime. More rapes and violent felonies occur during the warm summer months than in cooler temperatures. As climate change progresses, there will be longer summers, higher temperatures, and thus, more violent crime. This Note examines whether American sanctions of environmental crimes that contribute to climate change should become more stringent given what we now know about the violent consequences of climate change. Part II of this Note describes the history and scientific evidence which proves that rising temperatures increase the rate of violent crimes. Part III reviews current regulations that deal …
Eme Homer City Generation, L.P. V. E.P.A.: Restraining The Federal Government's Leadership Role In Stopping Interstate Air Pollution, Matt Jones
Oklahoma Journal of Law and Technology
No abstract provided.
Returning To The Tribal Environmental "Laboratory": An Examination Of Environmental Enforcement Techniques In Indian Country, Elizabeth Ann Kronk Warner
Returning To The Tribal Environmental "Laboratory": An Examination Of Environmental Enforcement Techniques In Indian Country, Elizabeth Ann Kronk Warner
Michigan Journal of Environmental & Administrative Law
Governments, including tribes, need to protect one of humankind’s most valuable resources: the environment. In addition to environmental regulations, effective enforcement mechanisms are key to successful efforts to protect the environment. While much has been written about the environmental enforcement mechanisms of states and the federal government, little scholarly attention has been paid to how tribal governments are working to protect their environments. Given that there are 567 federally recognized tribes and approximately 56.2 million acres held in trust for tribes in the United States, such oversight is significant. This Article fills a scholarly void with a description of environmental …
Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein
Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein
Public Land & Resources Law Review
In Great Basin Resource Watch v. Bureau of Land Management, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a mining project on unsupported reasoning, inaccurate information, and deficient analysis. In negating the action, the court held that the BLM failed to take the hard look required by the National Environmental Policy Act.
Considerations Of Potential Tort Liability With Respect To Natural Draft Cooling Towers Associated With Steam-Electric Power Plants, Thomas D. Corkran
Considerations Of Potential Tort Liability With Respect To Natural Draft Cooling Towers Associated With Steam-Electric Power Plants, Thomas D. Corkran
Akron Law Review
To prevent thermal pollution and to conserve our water supply, it appears that we must learn to live with natural draft cooling towers, at least for the next several decades. Proponents of natural draft cooling towers maintain that the possibility of localized fogging and icing is negligible, but the potential hazards of artificial salt fallout are very real. Also, there appears to be a trend developing in the law which could lead to an action against the operator of a natural draft cooling tower for aesthetic annoyances. There are several theories of action which might lie in such cases, but …
Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber
Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber
Michigan Journal of Environmental & Administrative Law
Interstate air pollution can prevent even the most diligent downwind state from attaining the air quality levels required by federal law. Allocating responsibility for emissions cuts when multiple upwind states contribute to downwind air quality violations presents a particularly difficult problem. Justice Ginsburg’s opinion for the Court in EPA v. EME Homer City Generator, L.P., gives EPA broad discretion to craft regulatory solutions for this problem. Although the specific statutory provision at issue was deceptively simple, the underlying problem was especially complex because of the large number of states involved. Indeed, neither the majority opinion nor the dissent seems to …
Instrument Choice, Carbon Emissions, And Information, Michael Wara
Instrument Choice, Carbon Emissions, And Information, Michael Wara
Michigan Journal of Environmental & Administrative Law
This Article examines the consequences of a previously unrecognized difference between pollutant cap-and-trade schemes and pollution taxes. Implementation of cap-and-trade relies on a forecast of future emissions, while implementation of a pollution tax does not. Realistic policy designs using either regulatory instrument almost always involve a phase-in over time to avoid economic disruption. Cap-and-trade accomplishes this phase-in via a limit on emissions that falls gradually below the forecast of future pollutant emissions. Emissions taxation accomplishes the same via a gradually increasing levy on pollution. Because of the administrative complexity of establishing an emissions trading market, cap-and-trade programs typically require between …
Too Many Cooks In The Climate Change Kitchen: The Case For An Administrative Remedy For Damages Caused By Increased Greenhouse Gas Concentrations, Benjamin Reese
Michigan Journal of Environmental & Administrative Law
Recent federal and state court decisions have made clear that federal common law claims against emitters of greenhouse gases are not sustainable; however, those same courts seem to have given state common law tort claims the green light, at least if the claims are brought in the state where the polluters are located. This Note contends that such suits are not an adequate remedy for those injured by climate change because they will face nearly insurmountable barriers in state court, and because there are major policy-level drawbacks to relying on state tort law rather than a federal solution. This Note …
Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki
Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki
University of Michigan Journal of Law Reform Caveat
The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …
How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani
How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani
The Journal of Business, Entrepreneurship & the Law
This paper identifies bankruptcy as a forum in which entities that exceed their emissions limit might be able to avoid the accompanying allowance deduction. Specifically, an entity might be able to sell its assets free and clear of its allowance deduction liabilities through Section 363 to a new company comprised of the same actors. Part II contrasts which liabilities can be discharged through a Chapter 11 plan and which can be avoided through a free and clear sale under Section 363. Part III analyzes whether allowance deductions could be discharged through a Chapter 11 plan or avoided through a free …
Hazy Skies In America’S Future?: The Battle Between “Free Industry” And Clean Air, Oded Cedar
Hazy Skies In America’S Future?: The Battle Between “Free Industry” And Clean Air, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Sustainable Development Law & Policy
No abstract provided.
The Singapore Workaround: Providing A “Greenprint” For A Unfccc Party Reclassification, P. Cal Trepagnier
The Singapore Workaround: Providing A “Greenprint” For A Unfccc Party Reclassification, P. Cal Trepagnier
Sustainable Development Law & Policy
No abstract provided.
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
Past Its Prime: Why The Clean Air Act Is In Need Of Modification, Levi Smith
University of Michigan Journal of Law Reform Caveat
The Clean Air Act (CAA) is the primary federal statute regulating the emission of air pollutants. First enacted in 1970, the CAA requires, inter alia, the federal government to establish air quality goals and states to develop implementation plans to achieve those goals. The most stringent requirements of the CAA are imposed on “new” or “modified” sources of pollution, such as sulfur dioxide, nitrous oxides, and particulate matter. Sources that were operating when the CAA was enacted are mostly exempt from regulation under the Act. Because of the substantial costs associated with the CAA standards, there is an incentive for …
Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson
Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson
Villanova Environmental Law Journal
No abstract provided.
Do You Want To Bet Your Children's Health On Post-Market Harm Principles - An Argument For A Trespass Or Permission Model For Regulating Toxicants, Carl F. Cranor
Villanova Environmental Law Journal
No abstract provided.
Welcome To The (Impenetrable) Jungle: Massachusetts V. Epa, The Clean Air Act And The Common Law Of Public Nuisance, P. Leigh Bausinger
Welcome To The (Impenetrable) Jungle: Massachusetts V. Epa, The Clean Air Act And The Common Law Of Public Nuisance, P. Leigh Bausinger
Villanova Law Review
No abstract provided.
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Villanova Environmental Law Journal
No abstract provided.
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Washington and Lee Law Review
No abstract provided.
Lean And Green? Environmental Law And Policy And The Flexible Production Economy, Dennis D. Hirsch
Lean And Green? Environmental Law And Policy And The Flexible Production Economy, Dennis D. Hirsch
Indiana Law Journal
No abstract provided.
Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle
Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle
Villanova Environmental Law Journal
No abstract provided.
Refining The Combustion Mixture: Environmental Federalism And Oxygenated Gasoline In Exxon Mobil Corp. V. Epa, Sean P. Mahoney
Refining The Combustion Mixture: Environmental Federalism And Oxygenated Gasoline In Exxon Mobil Corp. V. Epa, Sean P. Mahoney
Villanova Environmental Law Journal
No abstract provided.
Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek
Clean Air In Indian Country: Regulation And Environmental Justice, Sandra D. Benischek
Villanova Environmental Law Journal
No abstract provided.
Empowering Tribes - The District Of Columbia Circuit Upholds Tribal Authority To Regulate Air Quality Throughout Reservation Lands In Arizona Public Service Company V. Environmental Protection Agency, Kristina M. Reader
Villanova Environmental Law Journal
No abstract provided.
Risk Assessments For Chemical Stockpile Incinerators: Is The Supporting Guidance Adequate, Lawrence V. Tannenbaum
Risk Assessments For Chemical Stockpile Incinerators: Is The Supporting Guidance Adequate, Lawrence V. Tannenbaum
RISK: Health, Safety & Environment (1990-2002)
The author identifies potential deficiencies in guidance used in the United States for risk assessments of chemical weapons incinerators.