Shifting the burden of emissions permit approval in the United States: The case for improved state action

Abstract

Federal regulations in the United States of America concerning the environment are currently in the process of being re-implemented and redeveloped after years of roll-back under the Trump Administration. This opinion recommends three steps that individual states could take to support stronger environmental policies, which are rooted in ‘environmental justice’ in relation to issuing emission permits, so as to mitigate the impact of industry upon overburdened communities, and in doing so improve air quality, whilst the federal government reworks its own standards. Given the current political situation, which is heavily contested, and the complicated legal structure of the USA the opinion concludes, that in the context of issuing permits, and having considered a range of environmental law issues at each level of the United States government, that states have a vital role to play in mitigating the ‘environmental impact’ of pollution on underserved communities, and in tackling other environmental problems.