Interstate pollution: the need for federal common law
Journal Article
·
· Va. J. Nat. Resour. Law; (United States)
OSTI ID:6977570
An historical review of the rise, fall, and current status of federal common law applicable to pollution disputes provides the basis for a proposal for reform. Federal regulatory statutes for most environmental problems have narrowed the reach of the common law, including that common law which is applicable to interstate pollution problems. The language of Supreme Court opinions overlooks the federalism issues at stake and the gaps remaining in all federal regulatory statues. To correct that oversight, either the Court or Congress should act to reestablish federal common law. Ideally, they would work together to reassert the federal interest in prescribing the rule of decision for interstate pollution cases.
- Research Organization:
- Louisiana State Univ., Baton Rouge
- OSTI ID:
- 6977570
- Journal Information:
- Va. J. Nat. Resour. Law; (United States), Journal Name: Va. J. Nat. Resour. Law; (United States) Vol. 6:1; ISSN VJNLD
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
CASE LAW
COURTS
DOCUMENT TYPES
ENVIRONMENTAL TRANSPORT
GOVERNMENT POLICIES
HISTORICAL ASPECTS
LAWS
LEGAL ASPECTS
LONG-RANGE TRANSPORT
MASS TRANSFER
POLLUTION
POLLUTION LAWS
REGULATORY GUIDES
TRANSFRONTIER POLLUTION
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
CASE LAW
COURTS
DOCUMENT TYPES
ENVIRONMENTAL TRANSPORT
GOVERNMENT POLICIES
HISTORICAL ASPECTS
LAWS
LEGAL ASPECTS
LONG-RANGE TRANSPORT
MASS TRANSFER
POLLUTION
POLLUTION LAWS
REGULATORY GUIDES
TRANSFRONTIER POLLUTION