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Engine Manufacturer’s Association v. South Coast Air Quality Management District – Legitimizing the market participant doctrine as a means of limiting mobile source emissions

Henry, Elliot
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Henry, Elliot
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Keywords
climate ethics
environmental protection
pollution
air
GE Subjects
Political ethics
Environmental ethics
Ethics of law
Rights based legal ethics
Resources ethics
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Climate Ethics
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elq35-3-15-henry-2008-1030.pdf
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http://hdl.handle.net/20.500.12424/175781
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Abstract
"Engine Manufacturer’s Association v. South Coast Air Quality Management District is one of several recent battles California and its agencies have fought in order to promote state environmental policy.1 Although the Supreme Court vacated the lower court’s judgment in favor of South Coast Air Quality Management District (SCAQMD), the Court opened the door for SCAQMD to win on remand by recommending that it argue its actions fell under the market participation doctrine. More significantly, the Court’s suggestion may be used in future environmental litigation to legitimize other policies that might otherwise be preempted." (p. 1)
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Article
Date
2008
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With permission of the license/copyright holder
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