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Air

American Auto. Mfrs. Ass'n v. Commissioner

The court holds that the Massachusetts Department of Environmental Protection's (DEP's) zero emission vehicle (ZEV) regulations for automobile manufacturers are not identical to California standards as required by Clean Air Act (CAA) §...

American Auto. Mfrs. Ass'n v. Cahill

A district court holds that the Clean Air Act (CAA) does not preempt New York's zero emission vehicle (ZEV) sales mandate and dismisses an action brought by automobile manufacturers seeking to enjoin the state from enforcing legislation...

Southwestern Pa. Growth Alliance v. Browner

The Third Circuit denies an organization of manufacturers' and local governments' petition for review of the U.S. Environmental Protection Agency's (EPA's) denial of Pennsylvania's request to redesignate the Pittsburgh-Beaver Valley...

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...

Exclusive State Court Review for NSR Permit Terms and Conditions: Does EPA's Proposal Go Too Far?

Editors' Summary: This Article examines the judicial review provisions of EPA's proposed New Source Review (NSR) Reform Package issued under the 1990 Amendments to the Clean Air Act. The proposed rule would require the terms and...

United States v. Georgia-Pacific Corp.

The Court approves a Clean Air Act (CAA) consent decree settling a company's liability for allegedly failing to obtain appropriate permits and install appropriate pollution-control devices at 18 wood-products facilities nationwide. The...

Treating Uncertainty as Risk: The Next Step in the Evolution of Environmental Regulation

Editors' Summary: This Article presents an argument that EPA's use of reference concentrations (RfCs) in risk assessments, if upheld by the courts, will dramatically change the nature of health-based regulation. In a background...

A New Standard of Performance: An Analysis of the Clean Air Act's Acid Rain Program

Editors' Summary: Title IV of the Clean Air Act Amendments of 1990 contains an innovative performance-standard approach to pollution abatement. The Acid Rain Program that Title IV established imposes a national cap on utilities'...

Missouri v. United States

The court holds that the U.S. Environmental Protection Agency (EPA) did not violate the U.S. Constitution's Tenth Amendment or Spending Clause by imposing Clean Air Act (CAA) offset and highway sanctions against Missouri for its failure...