Federal common-law suits to abate interstate air pollution

Journal Article · Tue Jan 01 04:00:00 EST 1980 · Harvard Environ. Law Rev.; (United States)

OSTI ID:5352220

Post, J

There are significant gaps that make it difficult to prosecute a Federal common-law claim in an interstate air-pollution dispute. The Environmental Protection Agency's implementation of provisions in the Clean Air Act is examined, and the Act's limitations that have prompted the resort to Federal common-law are noted. This is seen in the case of the Illinois vs City of Milwaukee suit, which effectively opened the Federal district courts to abate interstate pollution. Some of the problems involved in bringing a Federal common-law claim (such as standing, choice of forum, and choice of defendant) are described. The Clean Air Act has affected the scope of Federal law, but the use of common law in this context is limited by vagueness and the limited competence of the courts to deal with subtle, highly technical issues. 158 references.

• Research Organization: Harvard Law School, Cambridge, MA
• OSTI ID: 5352220
• Journal Information: Harvard Environ. Law Rev.; (United States), Journal Name: Harvard Environ. Law Rev.; (United States) Vol. 4:1; ISSN HELRD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
500600 -- Environment
Atmospheric-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
AIR POLLUTION ABATEMENT
CLEAN AIR ACT
COURTS
ENVIRONMENTAL TRANSPORT
LAWS
LAWSUITS
LEGAL ASPECTS
MASS TRANSFER
POLLUTION ABATEMENT
POLLUTION LAWS