Interstate Environmental Impact Assessment

9 Pages Posted: 15 Jul 2009

See all articles by Noah D. Hall

Noah D. Hall

Wayne State University Law School

Abstract

This article proposes a new state-based policy, interstate environmental impact assessment, that builds on the National Environmental Policy Act’s Environmental Impact Statement process to address interstate environmental harms. Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged American environmental law for over a century. Interstate environmental impact assessment would provide a procedural mechanism for an affected state and its citizens to influence the source state and minimize or prevent interstate environmental harms. The process itself would address the underlying problems of inadequate information, public process bias, and traditional economic externalities, and also produce information to improve federal adjudication and regulation when disputes arise over continuing harms.

Keywords: environmental impact assessment

Suggested Citation

Hall, Noah D., Interstate Environmental Impact Assessment. Environmental Law Reporter, Vol. 39, No. 7, 2009, Wayne State University Law School Research Paper No. 09-19, Available at SSRN: https://ssrn.com/abstract=1434459

Noah D. Hall (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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