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Air Pollution, Third Edition, 1999

Air Pollution, Third Edition, 1999

Mark S. Squillace, Professor of Law, University of Toledo College of Law; David R. Wooley, Adjunct Professor, Pace University School of Law


Availability: In Stock
Publisher :LexisNexis
Format: softcover; 562 pp. , BOOK

ISBN: 9781422419199

1999
 
$67.00
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    This third edition offers a comprehensive update of air pollution law in a traditional casebook format. Included, for example, are extensive references to the new ambient air quality standards for ozone and particulate matter, new materials on stationary source standards, including the SO2 emissions trading program, and excerpts from the Kyoto Protocol on Climate Change. This edition also includes extensive references to air pollution resources available on the internet.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.


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    Preface xvii

    Acknowledgments xix

    Table of Cases xxi

    Table of Statutes and Regulations xxv

    PART I
    AN INTRODUCTION TO AIR POLLUTION

    CHAPTER 1 DEFINING THE AIR POLLUTION PROBLEM 1

    National Air Quality and Emissions Trend Report, 1995 1

    CHAPTER 2 MARKET APPROACHES TO THE AIR POLLUTION PROBLEM 15

    Stavins & Whitehead, Market-Based Incentives for Environmental Protection 15

    Ackerman & Stewart, Reforming Environmental Law: The Democratic Case for Market Incentives 27

    CHAPTER 3 AIR POLLUTION AND THE COMMON LAW 35

    Boomer v. Atlantic Cement Company 35

    Georgia v. Tennessee Copper Company 44

    International Paper Company v. Ouellette 46

    PART II
    THE CLEAN AIR ACT

    CHAPTER 4 THE BIG PICTURE: A SUMMARY OF THE CLEAN AIR ACT 55

    CHAPTER 5 NATIONAL AMBIENT AIR QUALITY STANDARDS 71

    Natural Resources Defense Council, Inc. v. Train 71

    Lead Industries Association v. EPA 77

    CHAPTER 6 STATE IMPLEMENTATION PLANS 93

    A. Approval and Disapproval of State Implementation Plans 95

    State of Texas v. EPA 95

    Kennecott Copper Corporation v. Train 102

    B. Economic and Technological Feasibility 108

    Union Electronic Co. v. EPA 108

    C. Nonattainment Areas 118

    National Air Quality and Emissions Trend Report, 1995 118

    1990 Amendments: Ozone Nonattainment Areas 122

    Natural Resources Defense Council, Inc. v. EPA 124

    Citizens Against Refinery's Effects, Inc. v. EPA 138

    D. Nonattainment Area Plans 143

    National Steel Corporation v. Gorsuch 144

    State of Ohio v. Ruckelshaus 149

    E. Transboundary Disputes 156

    State of Connecticut v. EPA 156

    Air Pollution Control District of Jefferson County, Kentucky v. EPA 168

    Her Majesty the Queen in Right of Ontario v. EPA 177

    F. Enforcement of State Implementation Plans 185

    Natural Resources Defense Council, Inc. v. Browner 185

    G. Judicial Review of State Implementation Plans 192

    Kennecott Copper Corp. v. Costle 193

    H. The Right to be Heard 198

    Anaconda Co. v. Ruckelshaus 198

    CHAPTER 7 PREVENTION OF SIGNIFICANT DETERIORATION 203

    Alabama Power Company v. Costle 203

    Kerr-McGee Chemical Corp. v. U.S. Department of the Interior 218

    Natural Resources Defense Council v. EPA 223

    Visibility Protection 231

    State of Vermont v. Thomas 231

    Proposed Regional Haze Regulations 236

    CHAPTER 8 MONITORING AND MODELING 248

    PPG Industries v. Costle 251

    Cleveland Electric Illuminating Co. v. EPA 257

    State of Ohio v. EPA 261

    CHAPTER 9 PERMITS AND PERFORMANCE STANDARDS FOR STATIONARY SOURCES 267

    A. New Source Performance Standards 267

    National Asphalt Pavement Association v. Train 267

    B. New Source Review 275

    Wisconsin Electric Power Company v. Reilly 276

    C. The Permit Program for Stationary Sources 285

    Permitting and Enforcement Under the Clean Air Act Amendments of 1990 285

    Western States Petroleum Association v. EPA 288

    Hawaiian Electric Co. v. EPA 293

    D. Hazardous Air Pollutants 299

    National Mining Association v. EPA 301

    Cross, Byrd & Lave, Discernable Risk--A Proposed Standard For Significant Risk in Carcinogen Regulation 311

    E. The Emissions Trading Program 318

    Chevron U.S.A., Inc. v. Natural Resources Defense Council 318

    Emissions Trading Policy Statement; General Principles for Creation, Banking, and Use of Emission Reduction Credits 328

    F. The Acid Precipitation Program 338

    Acid Rain Program: General Provisions and Permits, Allowance System, Continuous Emissions Monitoring, Excess Emission and Administrative Appeals 340

    American Municipal Power-Ohio v. EPA 342

    Alabama Power Co. v. EPA 345

    CHAPTER 10 INSPECTIONS AND ENFORCEMENT OF STATIONARY SOURCES 351

    A. Inspections and Recordkeeping 351

    Stauffer Chemical Co. v. EPA 351

    Dow Chemical Co. v. United States 356

    B. Enforcement 361

    City of Seabrook v. Costle 364

    Union Electric Company v. EPA 368

    Sierra Club v. Public Service Company of Colorado, Inc. 372

    United States v. Buckley 378

    American Cyanamid Company v. EPA 381

    CHAPTER 11 STRATOSPHERIC OZONE DEPLETION 391

    Ozone Science 391

    Montreal Protocol on Substances That Deplete the Ozone Layer, 1987 394

    Significant New Alternatives Policy (SNAP) 404

    OZ Technology Inc. v. EPA 408

    CHAPTER 12 REGULATION OF MOTOR VEHICLES AND FUELS 413

    A. Emission Standards for New Motor Vehicles 413

    Natural Resources Defense Council v. Ruckelshaus 415

    Natural Resources Defense Council v. EPA 419

    Natural Resources Defense Council v. Reilly 429

    American Automobile Manufacturers Association v. Cahill 435

    Center for Auto Safety v. Ruckelshaus 444

    B. Regulation of Fuels and Fuel Additives 450

    Ethyl Corporation v. EPA 450

    CHAPTER 13 JUDICIAL REVIEW AND RULEMAKING PROCEEDINGS 463

    A. Petitions for Review and Rulemaking Proceedings 463

    Harrison v. PPG Industries, Inc. 465

    B. Citizen Suits 471

    Environmental Defense Fund v. Thomas 472

    Natural Resources Defense Council v. EPA 479

    CHAPTER 14 GLOBAL CLIMATE CHANGE 485

    "Climate Change" and "A Global Warming" Are Not the Same Thing 485

    A Brief History of the Climate Change Convention United Nations Environment Program 487

    Global Warming: Difficulties Assessing Countries' Progress Stabilizing Emissions of Greenhouse Gases 492

    The Kyoto Protocol on Climate Change 495

    The Economics of Carbon Taxes United Nations Environment Program 499

    Climate Change and Its Consequences 500

    CHAPTER 15 INDOOR AIR POLLUTION 505

    An Introduction to Indoor Air Quality 505

    Regulation of Indoor Air Quality: The Last Frontier of Environmental Regulation 508

    Glossary 519

    Index 525

     

    David R. Wooley


    Mark S. Squillace


     

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