VIEWS: 42 PAGES: 35 CATEGORY: Law POSTED ON: 5/27/2010
THE CLEAN AIR ACT'S PREEMPTIVE EFFECT ON THE FEDERAL COMMON LAW OF NUISANCE Until the Supreme Court's decision in Massachusetts v. EPA ("Massachusetts II"),2 legal scholars disagreed as to the CAA's preemptive effect on interstate nuisance actions involving greenhouse gases, such as carbon dioxide.3 This debate was important to public interest groups and private citizens wanting to bring an interstate nuisance action under the federal common law.4 If the CAA preempted the federal common law for interstate nuisance actions involving greenhouses gases, then their cases would be dismissed for lack of jurisdiction. "11 In the early twentieth century, these specialized areas of federal common law became extremely important in interstate pollution disputes in order to protect the natural resources of one state from invasion by another state and to resolve disputes between the states.12 One of the earliest United States Supreme Court cases addressing the problem of air pollution between two states is Georgia v. Tennessee Copper Co.13 In this case, the State of Georgia alleged that noxious gases from Tennessee copper companies were damaging forests, orchards, and crops in Georgia.14 After unsuccessfully seeking relief directly from the State of Tennessee, Georgia brought suit in federal court for an injunction to stop the fumes.15 The United States Supreme Court held that "it is a fair and reasonable demand on the part of a sovereign that the air over its territory should not be polluted . . . .
From Georgia v. Tennessee Copper Co. t
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"From Georgia v. Tennessee Copper Co. to Massachusetts v. EPA: An Overview of America's History of Air Pollution Regulation and Its Effect on Future Remedies to Climate Change"Please download to view full document