Home -> Law Blog Directory -> Constitutional Law Blogs -> ACS Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Constitutional Law
: ACS BlogAppeals Court Strikes EPA Ban On Monitoring Pollution
A Bush administration effort to limit the Clean Air Act was rejected by the U.S. Court of Appeals for the District of Columbia. The appeals court’s 2-1 decision found that the Environmental Protection Agency (EPA) could not prohibit states and localities from enforcing stricter pollution monitoring standards on factories, power plants, oil refineries and other industrial companies that emit pollutants. The Wall Street Journal reported that the Aug. 19 decision “marks the latest instance in which a federal court has rejected the approach to regulating harmful emissions taken by the administration of President George W. Bush.”
The appeals court in Sierra Club v. Environmental Protection Agency concluded that the EPA regulation on states and localities violated a provision of the Clean Air Act that requires monitoring of emissions to ensure they do not exceed pollution limits. The Court called the federal act “a complex statute with a clear objective: it enlists EPA and state and local environmental authorities in a common effort to create a permit program for most stationary sources of air pollution. Fundamental to this scheme is the mandate that ‘[e]ach permit … shall set forth … monitoring … requirements to assure compliance with the permit terms and conditions.”
An EPA spokesperson told The Wall Street Journal that it is reviewing the decision and “will determine an appropriate course of action.” Earthjustice, one of the nonprofit advocacy organizations, which challenged the EPA regulation, lauded the appeals court decision, saying it would “give states back the tools they need to hold polluters accountable and help ensure that everyone has clean, healthy air to breathe.”
For additional, in-depth analysis of environmental law and policy watch a panel discussion from the 2007 ACS National Convention here.
Full post as published by ACS Blog on August 20, 2008 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Personal Injury
Appeals Court Upholds Congressional Legislation
FDA Warns of Potentially Fatal Errors with GDH-PQQ Glucose Monitoring Technology
Glucose Monitoring Technology FDA Warns of Potentially Fatal Errors
TransUnion
Class action credit practices suit offers free credit monitoring services for millions.
Ebay Fined
French Court Sets Fine at $61 Million
Air Pollution
Low Levels May Increase Stroke Risk
Continental Carbon
Settles with Landowners in Pollution Suit

Enironment - More on: DC Circuit strikes down the Clean Air Interstate Rule (CAIR)
"Court overturns Bush air pollution rule"
D.C. Circuit vacates air monitoring rule.
"Court strikes down Va. late-term abortion ban"
Court strikes down Texas ban on sex toys
"Court strikes down Texas ban on sex toys; Federal appeals court says law violates right to privacy"







