Abstract
This Article seeks to develop a sound means to internalize interstate environmental externalities in a federal system. Focusing on air pollution, it shows that an appropriate inquiry must, determine not only whether the emissions of upwind sources are excessive, but also whether their stack heights and location are motivated by an effort to externalize the effects of pollution. Moreover, interstate pollution spillovers are problematic not only when they lead to a violation of the federal ambient standards in the downwind state, but also when the downwind state seeks to maintain a margin for future economic growth or to enforce more stringent state ambient standards. For each relevant scenario, the Article shows when interstate pollution spillovers are excessive.
How to Cite
38 Ariz. L. Rev. 883 (1996)
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