Browsing by Author "Fasoyiro, Laurencia"
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Item Do Certain Provisions of the State Audit Immunity and Privilege Laws Deprive the State of Texas of Adequate Authority to Enforce the Requirements of Title V of the Clean Air Act?(Texas Tech Journal of Texas Administrative Law, 2007) Fasoyiro, LaurenciaThis article addresses Public Citizen’s opposition to the approval of Texas’s Title V program. It explains their argument that the Texas Audit Act deprived the state of adequate authority to administer and enforce a Title V program. The article starts with a history of the Clean Air Act, and an overview Texas’s Title V program and Texas Environmental, Health, and Safety Audit Privilege Act (Audit Act). Next, it covers the lawsuit from Public Citizen, Public Citizen v. E.P.A.. It also explains the decision from N.Y. Pub. Interest Research Group v. Whitman. It analyzes Texas’s ability to enforce the requirements of Title V by applying the standard of review and resonating from the court’s decisions in Public Citizen and Whitman to the issues arising from the Texas Audit Act. Lastly, this article explains why the Texas Audit Act does not prevent Texas from adequately enforcing any Title V requirement since it promotes the intent of the CAA. The audit act protects the public’s right to know, and provides the state an opportunity to work closely with regulated entities that cause air pollution.Item Does the Open Beaches Act Seek to "Take" Private Property for Public Use Without Just Compensation?(Texas Tech Journal of Texas Administrative Law, 2007) Fasoyiro, LaurenciaProvides an overview of the Open Beaches Act in Texas. It addresses whether the removal of houses from the public beach as authorized by the OBA constitutes a taking without just compensation. It analyzes how the OBA does not transfer physical control of the property to Texas and that the OBA does not interfere with the Homeowner’s Investment-Backed expectation. Further, it describes how the OBA is a valid exercise of Texas’s Police Power; it uses reasonable means to abate the nuisance on beaches; it enforces the public’s right of easement; it enforces a statewide policy.