No outside sources are required or expected, but you may consult what you wish. Read the questions and answer what is asked. Be concise and keep your response focused. Provide clear statements of the issues and analyze them succinctly. If you chose to use any material outside of the assigned readings or materials (including statute sections) handed out in class, please provide a citation. Do not rewrite the question, but do indicate the number of the question and the subpart.

Based on the assigned reading in Percival and the materials (including cases and statute sections) distributed for class, please answer the following questions:


1. Describe each of the following steps in the process of the establishment and implementation of the National Ambient Air Quality Standards (NAAQS):  (i) identifying criteria pollutants; (ii) establishing NAAQS for each such pollutant, (iii) preparing a State Implementation Plan (SIP) and (iv) approving a SIP. With respect to each step in the process, describe (i) the role played by EPA or a State, as the case may be, and (ii) the scope (or limits) of authority of EPA or a State. Cite to the relevant section of the Clean Air Act and to case law we discussed, as appropriate.

2. What did the Supreme Court hold in Massachusetts v. EPA and why was the decision important for EPAs subsequent efforts to regulate Greenhouse Gas emissions? (In answering the question, do not discuss the standing issue.)

3. Summarize briefly the ruling of the Supreme Court in TVA v. Hill (Percival at 907-11). Do you think the result would have been the same if the Endangered Species Act had not been enacted, and the Court had instead applied common law standards? Explain the principal reason why you think the Court would, or would not, have reached the same result had it applied common law standards?

4. Briefly describe the principal obligations and prohibitions imposed under (i) Section 7 of the Endangered Species Act and (ii) Section 9 of the Endangered Species Act. Identify and briefly describe three important differences between the obligations or prohibitions under Section 7 and Section 9.

sources and readings for the questions will be uploaded soon

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