Chevron V. Natural Resources Defense Council Case Study

2. The second issue for review is whether the trial court erred in directing a verdict for the contestant Austin by refusing to allow the 1984 codicil to be submitted to the jury.

The Supremacy clause of the U.S. Constitution establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. While in this particular matter, the statutes of the Environmental Protection Agency (EPA) would generally trump the state level regulations of organizations such as the California Air Resources Board (CARB), however the EPA has also mandated that “The setting of these pollutant standards was coupled with directing the states to develop state implementation plans (SIPs), applicable to appropriate industrial sources in the state, in order to achieve these standards.” (EPA, 2015) The standards in questions are called National Ambient Air Quality Standards (NAAQS)

The court observed that the ‘legal meaning’, i.e. meaning the legislature is taken to have intended, may not correspond to the literal or grammatical meaning. As four justices put

A con to repealing NEPA stems from the idea that federal and non-federal projects alike could take place anywhere without any environmental mitigation measures or considerations if it was repealed. This would cause a “free-for-all” in our country, and environmental disaster would result from the even quicker human-induced environmental change. The removal of NEPA would also impact other agencies’ environmental compliance requirements, as many of those requirements are implemented under NEPA.

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

Legislation to Authorize the Administrator of the Environmental Protection Agency to Accept, as Part of a Settlement, Diesel Emission Reduction Supplemental Environmental Projects : Report (to Accompany S. 2146)." (2008): 1-4. UWSP Library Forward. Web. 01 Jan. 2012.

Americorps, an organization known nationwide, is a civil program that brings together adults from a range of different age groups and backgrounds to accomplish one mission, and that is to serve their country through aiding people and communities in need. There are three major Americorp programs; Americorps State and National, Americorps NCCC, and Americorps Vista. Americorps State and National is the most popular and largest Americorps program since its expansion in 1993, by President Bill Clinton. The purpose of the program is to meet community needs in Health, Education, Environment, and Public Safety. Americorps NCCC (National Civilian Community Corporation) is open to young adults from ages 18-24, who are placed in states where there

Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority. However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty.

Improved air quality wasn’t a subject of national concern until the mid 1900s. After decades of coal burning, unregulated gas emissions from cars and the excessive burning of fossil fuels, people started noticing bad air quality as a hazard to their lives. Over several decades, after seeing the costly effects air pollution was having on the environment and people’s health, interest groups like the Friends of The Earth club and the influences of Theodore Roosevelt and Rachel Carson’s Silent Spring finally came together to persuade the government to enforce legislation that would reduce air pollution. Because of these efforts, the policies of the Clean Air Act of 1963 and the Motor Vehicle Pollution Control Act of 1965, that aimed to control air pollution and raise air quality standards, helped create the Environmental Protection Agency (EPA) on December 2, 1970. Since then, the EPA has passed more air quality improvement acts, and amendments to previous acts passed, to increase restrictions on air pollutants, with their main policy concern being the Clean Air Act. Improved air quality acts imposed by the EPA have been successful in cleaning the United States’ air quality by reducing ground-level ozone pollution and reducing emissions, allowing for a decrease in pollution related deaths/illnesses and a better standard of living. The EPA, through regulations and the Clean Air Act, has delivered it’s promise to improve air quality in the United States.

Throughout history, Texas and the federal government have been through conflicts over controversial laws affecting both the state and the nation. One federal law, known as the Clean Air Act (CAA), was established in 1963 to allow the Environmental Protection Agency (EPA) to manage the environment by regulating air emissions around the nation (Hackney). The law is “a model of “cooperative federalism””, where states may regulate according to federal standards, and known as “a source of persistent federal-state conflict” as well (Alder). Since Texas is known for high industrial air pollution, the federal government has imposed limitations on air emissions by the state through the CAA, which is the reason for this federal-state conflict. The

The Clean Air Act (CAA), enacted in 1970 to regulate air emissions, provided the first standardized rules, which classify, monitor, and decrease air contaminates across the United States. The act authorized the development of comprehensive federal and state regulations to limit emissions from industrial and mobile sources. The CAA included four regulatory programs that affected stationary or industrial sources. One of the programs, The National Ambient Air Quality Standards (NAAQS), stated that the newly formed EPA was required to declare national standards for six criteria pollutants; carbon monoxide, nitrogen dioxide, sulfur dioxide, particulate matter, hydrocarbons and photochemical oxidants. The other three programs helped State officials

This law establishes air quality to protect public health welfare to regulate emissions of hazardous air pollutants. States requirement to enforce the adopt plan to achieve air quality to control emissions. These two policies can assist with enforce state regulation guide line for vehicles emissions CHAPTER 62-285 Greenhouse Gas Emissions Reduction all gasoline sold in the country’s worst ozone areas must contain a minimum oxygen content and a maximum benzene content. CHAPTER 62-297 Stationary Sources - Emission Monitoring regulated emissions tests for comparison with air pollution emission-limiting standards that are enforceable under state law an opacity test. These polices established by EPA provide state, tribal, and local agency plans for reducing air pollution. The state can necessary take over enforcing the Clean Air Act in that area. Regulation guide line in place can assist towards reduction ratio of emission in the atmosphere can a bringing balance to ecosystem.

Facts: Plaintiffs are residents of Nigeria, who claim that Dutch, British, and Nigerian corporations engaged in aggressive oil exploration and production, aided and abetted the Nigerian government in committing violations of the law of nations related to crimes against humanity and human rights abuses. Royal Dutch and Shell are parent companies incorporated in the Netherlands and the United Kingdom respectively; Shell Petroleum Development Company (SPDC) is incorporated in Nigeria. Since 1958, SPCD has conducted oil exploration and production in the Ogoni region of Nigeria. Protesting SPDC’s activities in the region, Ogoni

Chevron is a publicly traded company on the New York Stock Exchange. Their stock symbol is CVX. Chevron is in the business of oil and gas and was founded in 1984 as the Chevron Corporation. Chevron’s headquarters is in San Ramon, California and they serve on a multinational level to over 180 countries world wide. This makes Chevron the fourth largest petroleum company in the world. In 2015 Chevron had grossed revenue of about 130 billion dollars with a net income of 4.58 billion dollars. John S. Watson currently serves as the chairman and C.E.O. of the Chevron Corporation and he also sits on the board of directors.

The Clean Air Act (CAA) is a law that regulates air emissions from mobile and stationary sources. This law is comprehensive federal that authorize the U.S Environmental Protection Agency (EPA) establish National Ambient Air Quality Standards (NAAQS) to protect people’s health and welfare and to regulate emissions of hazardous air pollutants (The United States Environmental Protection Agency EPA, 2015). The title I of the Clean Air Act (CAA) states the general requirements for states to submit Strategic Investment Programs to achieve and maintain the National Ambient Air Quality Standards (NAAQS) and the EPA 's actions regarding approval of those SIPs. On July 7, 2014, the U.S Environmental Protection Agency (EPA) received a submittal from