Add to ORKGOn July 26, 2010, the U.S. Court of Appeals for the Fourth Circuit, in North Carolina ex rel. Cooper v. Tennessee Valley Authority, held not only that the Clean Air Act (CAA) preempts state nuisance law, but also that the issuance of a CAA permit makes a public nuisance legally and theoretically impossible. In doing so, the Fourth Circuit established a considerable barrier to public nuisance suits. This Comment analyzes the legal viability of this decision and the implications of barring public nuisance in light of its growing popularity to address interstate air pollution and climate change
This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaki...
The vagueness of the concept of nuisance has resulted from the varying interpretations given it by t...
On February 27, 2001, the Supreme Court unanimously upheld the Clean Air Act against a constitutiona...
Public nuisance allows plaintiffs to sue actors in tort for causing environmental harm that disrupts...
The law has been concerned with air pollution for centuries. Smoke and fumes were considered a nuisa...
Since the 1970s, the Clean Air Act and the Clean Water Act—and the regulations issued under their au...
Public nuisance has recently been dusted off as a potential source of legal redress for tobacco use,...
Many legal hurdles confront plaintiffs who assert common law public nuisance claims against energy c...
Air is the ultimate public good. No one owns it but everyone uses it. Protecting it is clearly a gre...
Over four centuries, nuisance law has proved its versatility. Originally, a near strict liability do...
This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone ...
In 2011, in response to the ongoing problem of interstate air pollution, EPA promulgated the Transpo...
[Excerpt] The skies, soil, and water of every state are polluted every day. Whether the pollutants ...
The Clean Air Act promotes cleaner air, but for whom? Although the Clean Air Act has lowered levels...
In 1972 the Supreme Court in Illinois v. City of Milwaukee established the federal common law of pub...
This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaki...
The vagueness of the concept of nuisance has resulted from the varying interpretations given it by t...
On February 27, 2001, the Supreme Court unanimously upheld the Clean Air Act against a constitutiona...
Public nuisance allows plaintiffs to sue actors in tort for causing environmental harm that disrupts...
The law has been concerned with air pollution for centuries. Smoke and fumes were considered a nuisa...
Since the 1970s, the Clean Air Act and the Clean Water Act—and the regulations issued under their au...
Public nuisance has recently been dusted off as a potential source of legal redress for tobacco use,...
Many legal hurdles confront plaintiffs who assert common law public nuisance claims against energy c...
Air is the ultimate public good. No one owns it but everyone uses it. Protecting it is clearly a gre...
Over four centuries, nuisance law has proved its versatility. Originally, a near strict liability do...
This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone ...
In 2011, in response to the ongoing problem of interstate air pollution, EPA promulgated the Transpo...
[Excerpt] The skies, soil, and water of every state are polluted every day. Whether the pollutants ...
The Clean Air Act promotes cleaner air, but for whom? Although the Clean Air Act has lowered levels...
In 1972 the Supreme Court in Illinois v. City of Milwaukee established the federal common law of pub...
This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaki...
The vagueness of the concept of nuisance has resulted from the varying interpretations given it by t...
On February 27, 2001, the Supreme Court unanimously upheld the Clean Air Act against a constitutiona...