Add to ORKGMany legal hurdles confront plaintiffs who assert common law public nuisance claims against energy companies in an effort to curtail their production of greenhouse gases (GHG’s). These include standing, political question, the dormant commerce clause, and federal preemption. This paper explores federal preemption of common law public nuisance claims by the Clean Air Act (CAA) and concludes that such common law claims remain viable. The Supreme Court’s ruling in International Paper Co. v. Ouellette, 479 U.S. 481 (1987) (Ouellette), combined with the textual, structural, and schematic similarities between the Clean Water Act (CWA) and the CAA, form the basis for a convincing argument that the CAA does not preempt source-state common law publi...
In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the...
In the latter half of 2009, the Second Circuit in Connecticut v. American Electric Power Co. and the...
In Massachusetts v. EPA, petitioners - twelve states, three cities, an American territory, and numer...
This Note considers how the Supreme Court’s decision in Utility Air Regulatory Group v. EPA (UARG) m...
Since the 1970s, the Clean Air Act and the Clean Water Act—and the regulations issued under their au...
The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It do...
The citizen suit provision of the Clean Air Act (CAA) gives standing to citizen groups to bring suit...
This Article challenges conventional accounts of whether those who drafted the 1970 Clean Air Act in...
This paper argues that the common law of interstate nuisance remains an essential tool despite the r...
Eleven plaintiffs brought a common law action, seeking injunctive relief against the six largest Ame...
Public nuisance allows plaintiffs to sue actors in tort for causing environmental harm that disrupts...
This Article makes two core arguments. First, it maintains that the common law of nuisance remains a...
Federal law often fails to mitigate environmental harm. An alternative litigation response when fede...
The Clean Air Act (CAA) includes enforcement provisions by which violators of the Act can be held ci...
On July 26, 2010, the U.S. Court of Appeals for the Fourth Circuit, in North Carolina ex rel. Cooper...
In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the...
In the latter half of 2009, the Second Circuit in Connecticut v. American Electric Power Co. and the...
In Massachusetts v. EPA, petitioners - twelve states, three cities, an American territory, and numer...
This Note considers how the Supreme Court’s decision in Utility Air Regulatory Group v. EPA (UARG) m...
Since the 1970s, the Clean Air Act and the Clean Water Act—and the regulations issued under their au...
The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It do...
The citizen suit provision of the Clean Air Act (CAA) gives standing to citizen groups to bring suit...
This Article challenges conventional accounts of whether those who drafted the 1970 Clean Air Act in...
This paper argues that the common law of interstate nuisance remains an essential tool despite the r...
Eleven plaintiffs brought a common law action, seeking injunctive relief against the six largest Ame...
Public nuisance allows plaintiffs to sue actors in tort for causing environmental harm that disrupts...
This Article makes two core arguments. First, it maintains that the common law of nuisance remains a...
Federal law often fails to mitigate environmental harm. An alternative litigation response when fede...
The Clean Air Act (CAA) includes enforcement provisions by which violators of the Act can be held ci...
On July 26, 2010, the U.S. Court of Appeals for the Fourth Circuit, in North Carolina ex rel. Cooper...
In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the...
In the latter half of 2009, the Second Circuit in Connecticut v. American Electric Power Co. and the...
In Massachusetts v. EPA, petitioners - twelve states, three cities, an American territory, and numer...