Clean Air Act (CAA)
In re EcoElectrica, L.P.
Two petitioners seek review of a prevention of significant deterioration (PSD) permit issued by U.S. EPA Region II to EcoEléctrica, L.P., pursuant to Clean Air Act § 165, 42 U.S.C. § 7475. The permit authorizes EcoEléctrica to install and operate a 461-megawatt cogeneration plant in Peñuelas, Puerto Rico, and to construct a liqufied natural gas marine terminal to receive deliveries of the plant’s primary fuel. In Appeal No.
Federal Versus State Environmental Protection Standards: Can a National Policy Be Implemented Locally? (TOC)
Date
January 1992
Volume
22
Issue
1
Page
10009
Type
Articles
Summary
Keynote Presentation: Making the Partnership Work
Panel Discussion: Regulation of Nuclear Materials
Regulation of Air Quality
Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better Meet Water Quality Challenges?
Regulating Solid and Hazardous Wastes
<i>Garamendi</i>'s Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions
Date
December 2008
Volume
37
Issue
12
Page
10897
Type
Articles
Summary
Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower courts are prone to overbroad applications of Garamendi because the Court assumed the presence of three elements when it developed the standard for executive foreign affairs preemption of state law: (1) formal source law; (2) nexus to a foreign entity; and (3) indication of intent by the executive to preempt the state law under challenge. She concludes that unless these three elements are present, courts need not even reach the question of whether a law is preempted under the Garamendi test.
You must be an ELI Member to access the full content.
You are not logged in. To access this content: