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Brigham Young University Prelaw Review

Chris D. Brown

Keywords

Department of Environmental Quality, Clean Air Act, Clean Water Act

Abstract

The preservation of air and water quality is at the heart of maintaining a safe environment. It has therefore been the responsibility of the Department of Environmental Quality, through state statute, to "ensure a safe and healthy environment for all residents, maintain healthy ecosystems needed for the development of tourist activities and promote economic development." Standards have been set by the Clean Air Act and the Clean Water Act for the acceptable level of contamination to both air and water before they are determined unsafe. A proposed lawsuit against the city of Mudville by the DEQ is an example of good action taken when these standards are violated. The injured parties include the local National Forest and the citizens of Mudville, resulting in Mudville's failure to meet the goal set by the DEQ. The purpose of this paper is to show how Mudville has violated the standards set by the CAA and the CW A, to discuss the DEQ's reasoning behind their holding of Mudville responsible, and to explain the appropriate remedies.

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