Famous Cases
This case decided that the EPA cannot consider economic costs when setting National Ambient Air Quality Standards
What is Whiman v American Trucking Association?
This applies in non-attainment areas where a project is a major new source or major modification.
What is Lowest Achievable Emissions Rate (LAER) plus offsets?
This legal doctrine holds a party responsible for damages without requiring proof of negligence, intent, or fault.
What is strict liability?
This 1970 law created the EPA and required the federal government to set national, health-based limits on major air pollutants.
What is the Clean Air Act?
This Republican president created the Environmental Protection Agency and signed the 1970 Clean Air Act, showing that early environmental policy was bipartisan.
Who is Richard Nixon?
This case decided that Greenhouse Gases qualify as pollutants under the Clean Air Act
What is Massachusetts v. EPA?
This applies in an ozone attainment area for a major new source or major modification.
What is Best Available Control Technology?
This common-law doctrine lets a landowner sue when pollution, noise, or odors unreasonably interfere with the use and enjoyment of their property.
What is private nuisance?
These federal limits identify pollutants like ozone, particulate matter, and carbon monoxide that endanger public health nationwide.
What are National Ambient Air Quality Standards (NAAQS)?
This Republican president signed the 1990 Clean Air Act Amendments after supporting a market-based cap-and-trade system to fight acid rain.
Who is George H. W. Bush?
This case decided that Cheveron Deference could not be used for big, transformative issues.
What is West Virginia v. EPA?
Applies to "major sources," defined as facilities emitting 10 tons/year or more of a single HAP, or 25 tons/year or more of a combination of HAPs. (HAP = Hazardous Air Pollutant)
What is Maximum Achieveable Control Technology?
This type of lawsuit is filed not to win on the merits, but to intimidate citizens who complain about pollution or development.
What is a SLAPP suit (Strategic Lawsuit Against Public Participation)?
The 1990 Amendments used this market-based system to reduce sulfur dioxide and fight acid rain.
What is cap-and-trade (allowance trading)?
This Republican president supported limits on CFCs and implemented the U.S. side of the Montreal Protocol to protect the ozone layer.
Who is Ronald Reagan (continued under George H. W. Bush)?
This case killed Chevron Deference.
What is Looper Bright Enterprises v. Raimondo?
Under this 2024 rule, chemical manufacturing companies are required to do fenceline monitoring, enhanced reporting, and respond to leaks faster.
What is the Hazardous Organic NESHAP Rule (HON Rule)?
When pollutants like toxic waste or chemicals physically cross a property boundary, plaintiffs often rely on this traditional tort.
What is trespass?
National parks such as Yellowstone and the Grand Canyon were labeled this to get extra clean-air protection.
What are Class I areas?
This happens when wealthy communities can block unwanted projects while poorer communities are chosen instead, showing unequal power in democracy.
What is environmental injustice?
This case is often cited as a major setback for climate change litigation under common law theories.
What is Kivalina v Exxon?
Under what Executive Action can chemical companies request a two-year exemption from the HON Rule?
What is the REGULATORY RELIEF FOR CERTAIN STATIONARY SOURCES TO PROMOTE AMERICAN CHEMICAL MANUFACTURING SECURITY Executive Action?
This common-law claim addresses environmental harms that affect an entire community—like contaminated air or water—rather than just one property owner.
What is public nuisance?
States write these plans showing how they will meet federal air standards; the EPA must approve them.
What are State Implementation Plans (SIPs)?
Freedom from government interference is this type of liberty.
What is negative liberty?