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Article
Federal Clean Air Act Preemption of Public Nuisance Claims: The Case for Supreme Court Resolution
Washington Legal Foundation - Contemporary Legal Notes (2015)
  • Richard O. Faulk
Abstract
The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.
Keywords
  • public nuisance,
  • preemption,
  • clean air act,
  • Supreme Court
Publication Date
Fall November 15, 2015
Citation Information
Richard O. Faulk. "Federal Clean Air Act Preemption of Public Nuisance Claims: The Case for Supreme Court Resolution" Washington Legal Foundation - Contemporary Legal Notes Vol. 2015 Iss. 75 (2015)
Available at: http://works.bepress.com/richard_faulk/65/