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51 Ecology L. Currents 1 (2023)

handle is hein.journals/ecolwcur51 and id is 1 raw text is: The Carbon Footprint of the Whiskey Industry: is Federal Preemption at Odds with Environmental Health? Jenisha Sabaratnam* Introduction .............................................................................................. . 1 I.The Creation of a Whiskey Fungus........................................................ 3 A. The Whiskey Maturation Process ............................................. 3 B. The Angel's Share of W hiskey......................................................4 II.The Clean Air Act and the Regulation of Ethanol Emissions .................... 6 III.Federal Preemption of State Law Claims ............................................... 8 A. The Supremacy Clause and the Preemption Doctrine................ 8 1. Express vs. Implied Preemption...........................................8 2. Types of Implied Preemption: Field, Conflict, Impossibility, and Obstacle Preem ption .......................................................... . 9 B. The Role and Impact of Savings Clauses ................................ 10 C. Is there Federal Preemption by the Clean Air Act? .................. 11 C onclusion .............................................................................................. . 13 INTRODUCTION In Mulberry, a small town in Lincoln County, Tennessee, residents have begun noticing the growth of a suspicious black fungus. The most likely culprit? Whiskey. Several Jack Daniels warehouses near the town are home to countless barrels of whiskey. During the distillation process, ethanol is released into the surrounding air, and this evaporated ethanol can feed the growth of certain fungi. The fungus in question has been creating a thick residue on the side of homes, DOI: https://doi.org/10.15779/Z38XDOQZ8Z Copyright © 2023 Regents of the University of California *. Jenisha Sabaratnam is an Associate in the London office of Latham & Watkins. She received her J.D. from the University of California, Berkeley, School of Law, graduating in 2023. This paper was written during law school while she was externing at the Environmental Protection Agency, Air Enforcement Division in Washington D.C. She would like to thank the EPA, Berkeley Law, and the UCDC Law program for the incredible opportunity to further her experience and interest in the environmental & energy law field. She would also like to thank her family and partner for their unwavering support during this time. 1

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