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Increasingly, regulators have not used their strongest legal weapons to bring polluters to heel.
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In fact, there is pending legislation that I have championed (Assembly Bill 1030) to bring monies polluters pay to improve the environment (formally known as Greenhouse Gas Reduction Funds or anecdotally as Cap and Trade) to underemployed communities.
"I do think the law brings the polluter into the process, and that creates complications," Professor Parenteau said.
"If they knew that victims might claim compensation, that would bring huge pressure on polluters, who would have to start paying a price for their actions," Mr. Wang said.
The Obama administration played a major role in negotiating the deal, forging alliances with China and other big polluters that helped bring decades of contentious discussions to a successful conclusion in Paris last year.
In order for it to succeed he must first bring on-board the earth's greatest polluter, China.
While the Clean Air Act allows the agency to grandfather existing sources, there are also provisions that give the agency authority to regulate new and existing sources while giving polluters the flexibility they need to bring down emissions at the lowest possible cost.
People will finally know the status of polluters and will have the information they need to bring citizen suits".
Barroso admitted that the terms of the deal could bring windfall profits for industry, reversing the logic of the polluter pays principle that is supposed to underpin the carbon trading scheme.
While Scenic Hudson and Clearwater rarely resort to litigation, Riverkeeper has long been the bulldog of the trio, keeping a close watch for polluters and bringing suits against corporations as large as Exxon and General Electric.
Such a plan could create a tidal wave of well-paying unionised jobs, bring badly needed resources and opportunities to communities of colour, and insist that polluters should pay for workers to be retrained and fully included in this future.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com