It's a Soft Shell Life for ME: The Case for Expanding NPDES Permitting to Include Causes of Ocean Acidification

Ocean acidification, a lesser-known counterpart to climate change, is primarily caused by the ocean’s absorption of carbon dioxide from the atmosphere. This absorption, in turn, reduces the ocean’s pH, and has detrimental effects on the health of the entire ecosystem. This Comment examines the appli...

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Bibliographic Details
Main Author: Nowatzke, Natalie L.
Format: Text
Language:unknown
Published: University of Maine School of Law Digital Commons 2024
Subjects:
Ocean Acidification
Gulf of Maine
Clean Air Act
Clean Water Act
NPDES
Shell Dissolution
New England
Fishing
Lobstering
Functional Equivalent
Carbon Dioxide
Energy and Utilities Law
Labor and Employment Law
Land Use Law
Legislation
Natural Resources Law
Taxation-Federal
Tax Law
Ocean acidification
Online Access:https://digitalcommons.mainelaw.maine.edu/oclj/vol29/iss1/4
https://digitalcommons.mainelaw.maine.edu/context/oclj/article/1427/viewcontent/vol29_oclj_51.pdf
Description
Summary:Ocean acidification, a lesser-known counterpart to climate change, is primarily caused by the ocean’s absorption of carbon dioxide from the atmosphere. This absorption, in turn, reduces the ocean’s pH, and has detrimental effects on the health of the entire ecosystem. This Comment examines the applicability of the “functional equivalent test,” coined by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, to the causes of ocean acidification. Using this test, this Comment proposes expanding NPDES permitting under the Clean Water Act to cover some landbased sources emitting carbon dioxide.

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