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Enforcement, §113

After <i>Tennessee Valley Authority v. Whitman</i>: Should Courts Be More Receptive to Preenforcement Review of EPA Administrative Orders?

Editors' Summary: Administrative orders are one of the most potent enforcement mechanisms that EPA has at its disposal. Yet the vast majority of courts, under a variety of federal environmental statutes, has held that there is no...

Federal Oversight Vs. State Discretion: EPA's Authority to Reject State Permitting Authorities' BACT Determinations Under the CAA's Prevention of Significant Deterioration Program: <I>Alaska Department of Environmental Conservation v. EPA</I>

In Alaska Department of Environmental Conservation (ADEC) v. U.S. Environmental Protection Agency, the U.S. Supreme Court narrowly upheld orders issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§113(a)(5)...

Promise and Reality in the Enforcement of the Amended Clean Air Act Part II: Federal Enforceability and Environmental Auditing

Editors' Summary: This Article is the second in a two-part series that examines the promise and reality of Clean Air Act enforcement by reviewing four central enforcement issues: (1) the development of the "any credible evidence"...

Promise and Reality in the Enforcement of the Amended Clean Air Act Part I: EPA's "Any Credible Evidence" and "Compliance Assurance Monitoring" Rules

Editors' Summary: This Article is the first of a two-part series that examines the promise and reality of Clean Air Act enforcement by reviewing four central enforcement issues: (1) the development of the "any credible evidence" rule...

A Practitioner's Guide to the Federal Insecticide, Fungicide, and Rodenticide Act: Part I

Editors' Summary: Since 1910, the federal government has played a role in regulating pesticides. At first the motive was to fight fraud, but as pesticides became more sophisticated and as environmental concerns grew, the government'...

Tribes as States: Indian Tribal Authority to Regulate and Enforce Federal Environmental Laws and Regulations

Editors' Summary: The principles of federalism, state primacy, and tribal sovereignty all impact how federal environmental regulations are implemented and enforced on Indian lands. In recent years, Congress increasingly has crafted...