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Air (generally)

A Perfect Storm: Mercury and the Bush Administration

Unprecedented Events

In October 1991, four separate weather systems gathered off the coast of New England: Hurricane Grace from the Atlantic, a cold front from New England, a high pressure system over southeastern Canada, and a...

RECLAIM: Southern California's Failed Experiment With Air Pollution Trading

The bottom line is that capitalism may now be getting its ultimate test. For the smog market, more than any other system, will reveal whether financial incentives can prod major corporations into simultaneously acting for the public...

Marketing Failure: The Experience With Air Pollution Trading in the United States

Since then, the Bush Administration's "Clear Skies Initiative" has been officially unveiled. As appeared would be the case in mid-2002, it would establish a "trading" program in which the government explicitly...

Does Emissions Trading Encourage Innovation?

Proponents of "economic incentives" frequently state that emissions trading promotes technological innovation.1 Emissions trading programs authorize polluters to meet pollution reduction obligations by...

Flue-Cured Tobacco Coop. Stabilization Corp. v. EPA

The court vacates a district court decision that the U.S. Environmental Protection Agency (EPA) violated its statutory obligations under the Radon Gas and Indoor Air Quality Act (Radon Act) by issuing a report that analyzed the effects...

Grand Canyon Air Tour Coalition v. Federal Aviation Admin.

The court upholds a Federal Aviation Administration (FAA) rule that was promulgated pursuant to the Overflights Act and designed to reduce aircraft noise from sight-seeing tours in the Grand Canyon National Park. The Act required the...

Flue-Cured Tobacco Coop. Stabilization Corp. v. EPA

The court holds that a U.S. Environmental Protection Agency (EPA) report classifying environmental tobacco smoke (ETS) as a known carcinogen violated the Radon Gas and Indoor Air Quality Research Act. The report classifies ETS as a...

The Pollution Exclusion Saga Continues: Does It Apply to Indoor Releases?

Editors' Summary: This Article addresses how courts have applied the sudden and accidental and absolute pollution exclusions of insurance policies to indoor air pollution claims. The authors focus on how a majority of the courts...

Transforming Economic Incentives From Theory to Reality: The Marketable Permit Program of the South Coast Air Quality Management District

Editors' Summary: Modern environmental law has relied almost exclusively on either mandating or forbidding certain conduct in order to reduce pollution. In addressing pollution that causes acid rain, the 1990 Amendments to the Clean...

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