Bloomberg Law quoted Washington, D.C., partner Makram Jaber in a Dec. 8, 2021, story on the growing trend of “fenceline” and community air monitoring around facilities and neighborhoods with perceived histories of air quality problems.
How data from fenceline and neighborhood monitoring can be used legally under the Clean Air Act is an open question, Jaber and other lawyers told Bloomberg Law. Attributing the source of background air pollution, limited legal options under the Clean Air Act, and the reliability of certain monitors create a complicated landscape, the article noted.
“I can imagine just how difficult it would be to relate a particular reading to a particular facility or even make sure that the reading is ‘correct,’ ” said Jaber, whose practice focuses on Clean Air Act issues. “These are issues that are going to just have to be, to me, case by case.”