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Full-Text Articles in Law
Federal Air Pollution Requirements, Helen Kang
Federal Air Pollution Requirements, Helen Kang
Publications
The Clean Air Act is notoriously difficult to navigate and enforce. The difficulty is in part due to the act's regulatory scheme, which is inferior in critical ways to the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Unlike the Waste Discharge Requirements covering discharges of pollution into water bodies issued by the Regional Water Quality Control Board, which contain both federal and state requirements in a single permit, the Clean Air Act does not require a single permit for all facilities that pollute the air. Also significant, the Clean Air Act does not require self-reporting …
Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen
Publications
This Article critically examines the assumptions underlying the reform movement, and concludes that we should ease the rush to dismantle traditional, deterrence-based civil enforcement. While some of the underlying critiques of traditional enforcement have merit, they do not demonstrate that a wholesale shift to a primarily cooperative-oriented approach will improve compliance with environmental law. In fact, a deterrence based system of enforcement contains many attributes that are equally if not more essential to achieving compliance. Rather than discarding the current enforcement approach, we should move to a system of environmental enforcement that is grounded in deterrence theory but integrates the …
State Reactions To The Trading Of Emissions Allowances Under Title Iv Of The Clean Air Act Amendments Of 1990, Deborah M. Mostaghel
State Reactions To The Trading Of Emissions Allowances Under Title Iv Of The Clean Air Act Amendments Of 1990, Deborah M. Mostaghel
Publications
To cut down on the S02 emissions from coal-fired electric utilities, Title IV creates a two-pronged approach. First, it sets a national cap on emissions. Title IV allocates to each utility a number of pollution allowances to emit a certain amount of S02.11 The sum of all the allowances equals the nationwide cap. Second, Title IV recasts S02 as a commodity. If a utility does not need all of its allowances in a particular year, it may either trade them on a public exchange, or it may arrange private sales to a utility that needs more allowances to stay within …