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MEPA at 36: Perspectives on Minnesota's Little NEPA

I. Background and Context

Two Minnesota statutes, both adopted in the early 1970s, were intended to establish bedrock protections for Minnesota's environment. The first is the Minnesota Environmental Policy Act (MEPA) of 1973, considered the state's little NEPA [in reference to the National Environmental Policy Act2]. The second is the Minnesota Environmental Rights Act (MERA), which establishes a general claim for environmental degradation.

Cap and Trade Under the Clean Air Act?: Rethinking §115

Editors' Summary:

Section 115 of the CAA, addressing international air pollution, has been widely dismissed as a viable avenue for mitigation of GHGs because of a misplaced assumption that NAAQS must be established for GHGs before §115 authority can be exercised for GHGs. This Article explores the statutory language and legislative history of §115 to refute this conventional view, and argues that §115 can play a role in facilitating the establishment of a cap-and-trade program for GHGs without the establishment of NAAQS for GHGs.