Journal of Environmental Law & Litigation : Vol. 21, No. 1, p. 001-046 : The Role of Mandatory Dispute Resolution in Federal Environmental Law: Lessons from the Clean Air Act

Loading...
Thumbnail Image

Date

2006

Authors

Van de Wetering, Sarah B.
McKinney, Matthew

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

The purpose of this Article is to shed some light on the merits of statutorily mandated dispute resolution in federal natural-resources and environmental law. We begin by describing section 164(e) of the Clean Air Act (CAA), which mandates the use of a dispute-resolution process to resolve selected types of disputes among Indian tribes, states, and the Environmental Protection Agency (EPA). We review the statutory and administrative history of the provision and examine the only four instances in which it was invoked. We then highlight a number of lessons learned from the experience of the CAA that might serve as useful guidance for other mandatory dispute-resolution processes. Finally, we conclude by offering a few observations on the place of mandatory dispute resolution in federal natural-resources and environmental law.

Description

46 p.

Keywords

Citation

21 J. ENVTL. L. & LITIG. 1 (2006)