Journal of Environmental Law & Litigation : Vol. 37 (2022)
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Browsing Journal of Environmental Law & Litigation : Vol. 37 (2022) by Subject "Environmental Protection Agency"
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Item Open Access Animal Agricultural Exceptionalism in the 21st Century(University of Oregon School of Law, 2022-05-03) Regenstreif, ClaireAgriculture has always played a huge role in the American economy and way of life. Many laws today illustrate the singular importance of the agriculture industry and the government’s willingness to create legal carve-outs for agriculture. This Article focuses on two significant examples of agricultural exceptionalism as it applies to animal agriculture specifically. First, it explores state ag-gag laws, which facilitate and protect rampant unsound practices within the animal agriculture industry. Second, this Article explores federal law exempting animal agriculture facilities from greenhouse gas (GHG) reporting requirements that apply to other industries. These two examples illustrate a deeply rooted and pervasive approach to the agriculture industry.Item Open Access Preventing Emissions from Slipping Through the Cracks: How Collaboration on New Technologies to Detect Violations and Minimize Emissions Can Efficiently Enforce Existing Clean Air Act Regulations(University of Oregon School of Law, 2022-05-03) Caballero, KathrynThe link between air pollution and poor public health is well known and has been further documented during the COVID-19 pandemic,but EPA has outdated methods and rules to detect air emissions. Enforcing existing environmental regulations presents challenges because the detection and monitoring technologies identified in the regulations, or the regulation language itself, may not sufficiently identify environmental pollution, let alone complex environmental fraud.This Article recommends that all stakeholders work together to propose new detection methods and remedial technologies that EPA may use to collect evidence for enforcement actions and to resolve noncompliance.