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Full-Text Articles in Law

Congestion Pricing And The Opportunity To Confront New York City's Air Quality Emergency, Chad Hughes Jun 2021

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 ...


Reimagining Exceptional Events: Regulating Wildfires Through The Clean Air Act, Emily Williams Jun 2021

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 Apr 2021

Environmental Law And Air Pollution In U.A.E. - Prof. Maged Rageb El-Helw, Prof. Majed Ragheb Ei-Helw

Journal Sharia and Law

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 (U ...


Transit-Oriented Development: The Quest For Sustainable Cities In The Age Of The Automobile, Franklyn P. Salimbene, William P. Wiggins Feb 2021

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 ...


California’S Fight For Clean Air, Laura Tracey Mar 2020

California’S Fight For Clean Air, Laura Tracey

Environmental Law Journal blog

Visible air pollution, known colloquially as “smog,” is responsible for clouding the horizons of cities all over the world. Smog forms when nitrous oxides react with sunlight, creating airborne particles which contribute to global warming and harm the health of humans, animals, and plant life. Car exhaust is one of the biggest contributors of nitrous oxide, and specific geographic and climate patterns can exacerbate the effects of the resulting smog. With approximately 14.5 million registered vehicles in the state and a climate perfect for harboring air pollution, most Californians have seen the telltale hazy skyline at some point in ...


Whither The Regulatory “War On Coal”? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters Jan 2020

Whither The Regulatory “War On Coal”? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters

Faculty Scholarship at Penn Law

Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels in the coal industry dropped by nearly half between 2008 and 2016. The coal industry and its political supporters, including the president of the United States, have argued that a suite of air pollution regulations imposed by the U.S. Environmental Protection Agency during the Obama administration seriously ...


Visibility Protection Under The Clean Air Act, Arnold W. Reitze Jr. Jan 2019

Visibility Protection Under The Clean Air Act, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

The Clean Air Act’s (CAAs) visibility protection program was created in 1977 and expanded in 1990. It applies to states with sources of air emissions that impact 156 Federal Class I areas, which include national parks and wilderness areas. Such states are required to develop haze implementation plans (SIPs) to control emissions in order to restore natural visibility in Class I areas. Initially, large stationary sources that began operating between 1962 and 1977 were to install the Best Available Retrofit Technology (BART) based on regulations issued by EPA. This process resulted in complex rules, litigation, and political maneuvering. Subsequently ...


A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino Dec 2018

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 Sep 2017

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.


Concrete Manufacturers And The Regulatory Role Of The Bay Area Air Quality Management District, Golden Gate University School Of Law May 2017

Concrete Manufacturers And The Regulatory Role Of The Bay Area Air Quality Management District, Golden Gate University School Of Law

Environmental Law and Justice Clinic

This report discusses the results of an investigation into concrete manufacturers in the San Francisco Bay Area, the Bay Area Air Quality Management District’s (BAAQMD) handling of the concrete plants’ air pollution violations and the agency’s failure to follow its own enforcement guidelines.

The investigation focused on three concrete manufacturers operating in the City of San Francisco and around the Bay Area because they generate harmful particulate matter: Cemex Construction Materials Pacific, LLC (Cemex), Central Concrete Supply Co., Inc. (Central), and Hanson Aggregates Mid-Pacific, Inc. (Hanson). Because asthma is prevalent in the Bayview Hunters-Point community, particulate matter pollution ...


A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan May 2017

A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan

Research Collection School Of Law

Toxic ‘haze’ from fires, often burning over dry peatland in Indonesia, has affected millions across Indonesia, Singapore and Malaysia, as well as parts of the Philippines and Thailand. For Singapore in particular, this slash-and-burn method of clearing land in Indonesia to cultivate crops such as oil palm has been an annual problem since 1972. However, 2015 stands out as the year Singapore experienced one of its worst episodes of haze pollution. Air quality based on the Pollutant Standards Index (PSI) plummeted to the ‘very unhealthy’ and ‘hazardous ranges’ for close to 50 days. Singapore suffered an estimated SGD $700 million ...


Returning To The Tribal Environmental "Laboratory": An Examination Of Environmental Enforcement Techniques In Indian Country, Elizabeth Ann Kronk Warner Apr 2017

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 ...


Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein Mar 2017

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.


Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman Jan 2016

Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman

Publications and Research

Public interest in environmental and health impacts from shale oil and gas extraction (what the public calls “fracking”) is growing. Industry claims the public outcry against the new technology is not grounded in science. In February 2013, Resources for the Future (“RFF”) published a list of high priority “risk pathways” that experts from NGOs, academia, government, and industry all agreed were real concerns about fracking. This article used the risk matrix to evaluate whether public comments in dockets of federal agencies that proposed regulation concerning hydraulic fracturing tracked expert concern. The article found that the public tracked many of the ...


Considerations Of Potential Tort Liability With Respect To Natural Draft Cooling Towers Associated With Steam-Electric Power Plants, Thomas D. Corkran Aug 2015

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 ...


Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan Jun 2015

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan

Deepa Varadarajan

Part II of this Note provides an overview of how the regulatory framework has developed with regard to federal control technology requirements governing major stationary sources. It focuses on the statutory language of the 1970 Clean Air Act and the 1977 Clean Air Act Amendments and subsequent administrative and judicial interpretations. Part III examines the development of the land-use doctrine governing the regulation of preexisting nonconforming uses and highlights its theoretical similarities to the air pollution context. Part IV looks specifically at the jurisprudence surrounding the use of amortization provisions in the zoning context. By and large, a court's ...


Too Many Cooks In The Climate Change Kitchen: The Case For An Administrative Remedy For Damages Caused By Increased Greenhouse Gas Concentrations, Benjamin Reese May 2015

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 ...


Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber May 2015

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 ...


Instrument Choice, Carbon Emissions, And Information, Michael Wara May 2015

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 ...


Environmental Federalism's Tug Of War Within, Erin Ryan Jan 2015

Environmental Federalism's Tug Of War Within, Erin Ryan

Erin Ryan

Anyone paying attention has noticed that many of the most controversial issues in American governance—health care reform, marriage rights, immigration, drug law, and others—involve questions of federalism. The intensity of these disputes reflects inexorable pressure on all levels of government to meet the increasingly complicated challenges of governance in an ever more interconnected world, where the answers to jurisdictional questions are less and less obvious. Yet even as federalism dilemmas continue to erupt all from all corners, environmental law remains at the forefront of controversy, and it is likely to do so for some time. From mining to ...


Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki Jan 2015

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 ...


Debunking Revisionist Understandings Of Environmental Cooperative Federalism: Collective Action Responses To Air Pollution, Jessica Wentz Jan 2015

Debunking Revisionist Understandings Of Environmental Cooperative Federalism: Collective Action Responses To Air Pollution, Jessica Wentz

GW Law Faculty Publications & Other Works

The federal Clean Air Act initiated Congress's venture into cooperative environmental federalism in 1970. Forty-five years later, misconceptions about the nature of that venture (and similar examples of cooperative federalism under other federal environmental statutes) persist. In particular, some recent judicial decisions characterize environmental cooperative federalism as an equal partnership between the federal Environmental Protection Agency and the states. They also take umbrage at efforts by EPA to override state policies and initiatives that fail to conform to the minimum responsibilities that the statutes impose on the states, characterizing them as unlawful affronts to state sovereignty.

This chapter argues ...


How Courts Can Prevent Excess Emitters From Using Bankruptcy As A Forum To Avoid California Ab 32’S Allowance Deductions, Mohammed Tehrani Nov 2014

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 ...


Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate Jun 2014

Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: John L. Adgate, PhD, MSPH, Professor and Chair, Department of Environmental and Occupational Health, University of Colorado

19 slides


The Paper Tiger Gets Teeth: Developments In Chinese Environmental Law, Erin Ryan Mar 2014

The Paper Tiger Gets Teeth: Developments In Chinese Environmental Law, Erin Ryan

Erin Ryan

This very short essay reports on the 2014 amendments to China’s Environmental Protection Law, following a series of internationally reported air and water pollution crises leading to unprecedented public protests. The changes promise more meaningful oversight of industrial pollution and harsher penalties for violations, targeting not only polluters but officials who fail to enforce applicable regulations against them. The amendments also empower certain non-governmental organizations to bring environmental litigation on behalf of the public. Official news accounts openly acknowledge the government’s hope that increased public access to legal redress will reduce the growing trend of mass environmental protests ...


Endogenous Decentralization In Federal Environmental Policies, Howard F. Chang, Hilary Sigman, Leah G. Traub Jan 2014

Endogenous Decentralization In Federal Environmental Policies, Howard F. Chang, Hilary Sigman, Leah G. Traub

Faculty Scholarship at Penn Law

Under most federal environmental laws and some health and safety laws, states may apply for “primacy,” that is, authority to implement and enforce federal law, through a process known as “authorization.” Some observers fear that states use authorization to adopt more lax policies in a regulatory “race to the bottom.” This paper presents a simple model of the interaction between the federal and state governments in such a scheme of partial decentralization. Our model suggests that the authorization option may not only increase social welfare but also allow more stringent environmental regulations than would otherwise be feasible. Our model also ...


The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod Nov 2013

The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod

Other Publications

Congress could add half year to the life of the average american by eliminating two false assumptions built into the foundation of the CleanAir Act: (1) All pollutants have a safe level (2) pollution is local.


Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy Jan 2013

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Articles

No abstract provided.


Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Jan 2013

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy

Articles

No abstract provided.


Dc Circuit Says Epa's "Transport Rule" Violates Clean Air Act: Is "Cooperative Federalism On The Rise?", Richard Faulk Sep 2012

Dc Circuit Says Epa's "Transport Rule" Violates Clean Air Act: Is "Cooperative Federalism On The Rise?", Richard Faulk

Richard Faulk

From a strictly legal perspective, it appears that the term “cooperative federalism” is emerging as a bedrock principle of air pollution policy under the Clean Air Act. Both the DC Circuit and the Fifth Circuit have now recognized that the policy is plainly required – and that this Congressional mandate trumps any less deferential policy that the EPA might wish to pursue. Although the concept cannot be extended further than the language of the Clean Air Act permits, it is a powerful tool for restraining the EPA’s authority.