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Air pollution

No Second-Class States: Why the California Exceptions in the Clean Air Act Are Unconstitutional

Editor's Summary: The U.S. Department of Transportation's new fuel economy rules for light trucks and sport utility vehicles are under fire, in part because the Bush Administration has taken the position that the new rules preempt the...

Federation of Hillside & Canyon Ass'ns v. Los Angeles, City of

A California appellate court upheld a city's approval of a general plan framework that includes proposed operational and physical improvements to traffic systems and infrastructure, policies to encourage the use of public transit and...

Engine Mfrs. Ass'n v. South Coast Air Quality Management Dist.

The U.S. Supreme Court held that certain aspects of local fleet rules do not escape preemption under CAA §209(a) simply because they address the purchase of vehicles rather than their manufacture or sale. The fleet rules prohibit...

Oxygenated Fuels Ass'n v. Davis

The court affirms a district court holding that the Clean Air Act (CAA) does not preempt California's ban of the use of methyl tertiary butyl ether (MTBE) in oxygenated fuel. CAA §211(c)(4)(A) preempts state regulation of fuel for...

Jopson v. Feather River Air Quality Management Dist.

The court holds that a local air quality management district is immune from a rancher's negligence claim against it for miscalculating the amount of marketable pollution credits the ranch earned for reducing agricultural burning. The...

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...

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...