Thumbnail Image
Publication

Air quality monitoring during “exceptional events”

Shearer, Adam
Author(s)
Shearer, Adam
Contributor(s)
Keywords
air
climate ethics
environmental protection
natural resources
GE Subjects
Political ethics
Environmental ethics
Ethics of law
Rights based legal ethics
Resources ethics
Collections
Climate Ethics
Show all metadata
Files
Thumbnail Image
elq37_2_22_shearer_2010_0630.pdf
Adobe PDF, 41.58 KB
Research Projects
Organizational Units
Journal Issue
URI
http://hdl.handle.net/20.500.12424/175838
Online Access
Abstract
"On March 20, 2009, the D.C. Circuit held that the Environmental Protection Agency’s (EPA) definition of “natural event” as used in the Clean Air Act’s (CAA) exceptions to air quality monitoring standards was not subject to judicial review, nor were statements in the final rule’s preamble reviewable. The court found that the Natural Resources Defense Council (NRDC) could not challenge the final rule for three reasons. First, NRDC’s comment to the proposed rule failed to adequately specify the portion of the proposed rule it was arguing against, and thus the objection was unreviewable. Second, the court held that the preamble was insulated from review because it used conditional and equivocal language. Finally, the statements in the preamble were not ripe for review because NRDC failed to show the statements had immediate legal or practical consequences." (p. 1)
Note(s)
Topic
Type
Article
Date
2010
Identifier
ISBN
DOI
Copyright/License
With permission of the license/copyright holder
Embedded videos