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Article
Is Nuisance Litigation Undermining the Clean Air Act’s Preemptive Economic Purpose?
BNA Environmental Report (2016)
  • Richard O. Faulk
Abstract
The appellate courts have, to date, failed to evaluate the impact of nuisance litigation on Congress’ stated purposes. In the CAA, Congress insisted that improvements be made consistent with economic growth and predictable standards. The CAA’s permitting system was designed to balance those priorities. Although the text of the CAA demonstrates these conjoined goals, Merrick, as did the Freeman and Bell decisions, failed to appreciate their importance. As a result of this “cart before the horse” reasoning, these courts have erroneously allowed common-law remedies to trump Congress’ economic objectives. 
Keywords
  • torts,
  • public nuisance,
  • environmental law
Disciplines
Publication Date
Winter January 15, 2016
Citation Information
Richard O. Faulk. "Is Nuisance Litigation Undermining the Clean Air Act’s Preemptive Economic Purpose?" BNA Environmental Report Vol. 250 (2016) p. 1 - 6
Available at: http://works.bepress.com/richard_faulk/69/