Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures
In 2010, the EPA approved two permits for Shell to begin offshore exploratory drilling in the Arctic’s Chukchi and Beaufort Seas with the drillship Discoverer. REDOIL, a group representing the rights of the region’s indigenous peoples, contested the permits and argued that they violated the Clean Ai...
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ftbostoncollelaw:oai:lawdigitalcommons.bc.edu:ealr-2141 2023-05-15T15:06:03+02:00 Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures Warren, Christopher 2014-03-13T07:00:00Z application/pdf https://lawdigitalcommons.bc.edu/ealr/vol41/iss3/11 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2141&context=ealr unknown Digital Commons @ Boston College Law School https://lawdigitalcommons.bc.edu/ealr/vol41/iss3/11 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2141&context=ealr Boston College Environmental Affairs Law Review Administrative Law Energy and Utilities Law Environmental Law Natural Resources Law Oil Gas and Mineral Law Water Law text 2014 ftbostoncollelaw 2021-08-06T11:07:58Z In 2010, the EPA approved two permits for Shell to begin offshore exploratory drilling in the Arctic’s Chukchi and Beaufort Seas with the drillship Discoverer. REDOIL, a group representing the rights of the region’s indigenous peoples, contested the permits and argued that they violated the Clean Air Act by failing to require best available control technology (BACT) for emissions from the operation’s associated fleet of service vessels. In Resisting Environmental Destruction of Indigenous Lands (REDOIL) v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Ninth Circuit found that the Act is ambiguous on the application of BACT to the drilling operation’s associated fleet and upheld the EPA’s interpretation that BACT is only required for the main drillship. The court was bound to defer to the agency’s reasonable interpretation under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This Comment argues that the EPA could have ensured a more environmentally friendly outcome by embracing stricter applications of BACT that it has embraced in the past. Text Arctic Chukchi Digital Commons @ Boston College Law School Arctic |
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Digital Commons @ Boston College Law School |
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Administrative Law Energy and Utilities Law Environmental Law Natural Resources Law Oil Gas and Mineral Law Water Law |
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Administrative Law Energy and Utilities Law Environmental Law Natural Resources Law Oil Gas and Mineral Law Water Law Warren, Christopher Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures |
topic_facet |
Administrative Law Energy and Utilities Law Environmental Law Natural Resources Law Oil Gas and Mineral Law Water Law |
description |
In 2010, the EPA approved two permits for Shell to begin offshore exploratory drilling in the Arctic’s Chukchi and Beaufort Seas with the drillship Discoverer. REDOIL, a group representing the rights of the region’s indigenous peoples, contested the permits and argued that they violated the Clean Air Act by failing to require best available control technology (BACT) for emissions from the operation’s associated fleet of service vessels. In Resisting Environmental Destruction of Indigenous Lands (REDOIL) v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Ninth Circuit found that the Act is ambiguous on the application of BACT to the drilling operation’s associated fleet and upheld the EPA’s interpretation that BACT is only required for the main drillship. The court was bound to defer to the agency’s reasonable interpretation under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This Comment argues that the EPA could have ensured a more environmentally friendly outcome by embracing stricter applications of BACT that it has embraced in the past. |
format |
Text |
author |
Warren, Christopher |
author_facet |
Warren, Christopher |
author_sort |
Warren, Christopher |
title |
Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures |
title_short |
Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures |
title_full |
Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures |
title_fullStr |
Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures |
title_full_unstemmed |
Trouble in the Melting Arctic: The EPA’s Failure to Impose Air Pollution Control Measures |
title_sort |
trouble in the melting arctic: the epa’s failure to impose air pollution control measures |
publisher |
Digital Commons @ Boston College Law School |
publishDate |
2014 |
url |
https://lawdigitalcommons.bc.edu/ealr/vol41/iss3/11 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2141&context=ealr |
geographic |
Arctic |
geographic_facet |
Arctic |
genre |
Arctic Chukchi |
genre_facet |
Arctic Chukchi |
op_source |
Boston College Environmental Affairs Law Review |
op_relation |
https://lawdigitalcommons.bc.edu/ealr/vol41/iss3/11 https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=2141&context=ealr |
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