Role of FDF variances in implementing the Clean Water Act's toxic pollutant discharge provisions. Chemical Manufacturers Association v. Natural Resources Defense Council, Inc. , 105 S. ct. 1102 (1985)

Journal Article · Wed Jan 01 00:00:00 EST 1986 · Land Water Law Rev.; (United States)

OSTI ID:6253866

Fisch, F L

The 1977 amendments to the Clean Water Act contained a fundamentally different factor (FDF) variance provision for dischargers of toxic pollutants. This variance ensures that the Environmental Protection Agency (EPA) standards for various categories of industries do not unfairly burden an individual discharger. An analysis of the legal challenge to this provision concludes that the Court's decision poses no grave threat to water quality despite its error in the Chemical Manufacturers' case. The use of this administrative tool will probably not cause widespread environmental degradation. The Court deferred to an improper statutory construction, and congressional silence on a particular issue allowed an administrative agency to substitute its own judgment for that of the legislature. Had Congress known of the intended expansion of the variance, it would have passed more specific legislation.

• OSTI ID: 6253866
• Journal Information: Land Water Law Rev.; (United States), Vol. 21:1
• Country of Publication: United States
• Language: English

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29 ENERGY PLANNING
POLICY AND ECONOMY
CLEAN WATER ACT
AMENDMENTS
TOXIC MATERIALS
ENVIRONMENTAL POLICY
US EPA
ADMINISTRATIVE PROCEDURES
CASE LAW
LEGAL ASPECTS
POLLUTION LAWS
STANDARDS
WATER POLLUTION CONTROL
CONTROL
GOVERNMENT POLICIES
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