Brigham Young University Prelaw Review


Landmine Company, Mudville, law case, State Department of Environmental Quality


The State Department of Environmental Quality (DEQ) is initiating action against the Landmine Company on the grounds of violation of the Clean Air Act. Section 107(a) of the Clean Air Act declares that each state "shall have the primary responsibility for assuring air quality within the entire geographic area comprising each state." Responsibility to "ensure a safe and healthy environment for all residents, maintain healthy ecosystems needed for the development of tourist activities and promote economic development" has been conferred on the State DEQ through state law. Therefore, the DEQ has adequate standing to bring a suit against the Landmine Company, a public nuisance.

Included in

Law Commons