Alabama Power Co. v. Costle: an end to a decade of controversy over the prevention of significant deterioration of air quality

Journal Article · · Environ. Law; (United States)

OSTI ID:7042122

Landau, J L

Alabama Power Co. v. Costle illustrates the frustration and confusion caused by the Prevention of Significant Deterioration (PSD) provisions of the 1970 and 1977 Clean Air Act Amendments. The issues and background of the suit make it one of the most significant environmental cases for both environmentalists and business interests. The court upheld some positions on each side, making the Environmental Protection Agency the only real loser. The PSD review process is changed by reducing the number of sources subject to review and making the review less stringent. After comparing EPA regulations with the Clean Air Act, the court put constraints on EPA's discretionary powers. The decision is flawed by failing to articulate consistent review standards, sidestepping administrative issues, and leaving EPA with a garbled message in its haste to issue a fast opinion. 276 references. (DCK)

• OSTI ID: 7042122
• Journal Information: Environ. Law; (United States), Journal Name: Environ. Law; (United States) Vol. 10:3; ISSN EVLWA
• Country of Publication: United States
• Language: English

Related Subjects

20 FOSSIL-FUELED POWER PLANTS
200202 -- Fossil-Fueled Power Plants-- Waste Management-- Noxious Gas & Particulate Emissions
29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
296000 -- Energy Planning & Policy-- Electric Power
500600 -- Environment
Atmospheric-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
AIR QUALITY
CLEAN AIR ACT
ENVIRONMENTAL POLICY
ENVIRONMENTAL QUALITY
FOSSIL-FUEL POWER PLANTS
GOVERNMENT POLICIES
LAWS
LAWSUITS
POLLUTION LAWS
POLLUTION REGULATIONS
POWER PLANTS
PREVENTION OF SIGNIFICANT DETERIORATION
REGULATIONS
THERMAL POWER PLANTS