Clean Air Act and significant deterioration of air quality: the continuing controversy

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

OSTI ID:7180671

Hamby, J I

The Clean Air Act of 1970 retained the broad purposes of its predecessors and set forth significant new provisions for meeting the nation's air pollution problem. Primary responsibility was placed upon each state for assuring air quality within its boundaries. The Administrator of the Environmental Protection Agency was to issue national primary and secondary ambient air quality standards. Before the Administrator could approve any state plan submitted, the Sierra Club obtained a restraining order through the District Court for the District of Columbia enjoining the Administrator from approving any portion of a state air pollution plan that would allow degradation of existing air, even if the quality of the air was higher than levels allowable by the national standards. This discussion explores these and related issues. The Sierra Club decision is analyzed in an attempt to define accurately the scope of its mandate, and the EPA regulations are examined to determine whether they sufficiently carry out that mandate. Distinct from the issue of whether the EPA regulations comport with the Sierra Club order is the question of whether the reasoning of that order is sound. The language of the Clean Air Act is examined to determine whether it provides a true and accurate legal foundation for the Sierra Club decision. Finally, pending legislation is explored for proposals that may afford constructive solutions to the problems associated with Sierra Club and the regulations it mandated. (MCW)

• OSTI ID: 7180671
• Journal Information: Environ. Aff.; (United States), Journal Name: Environ. Aff.; (United States) Vol. 5:1; ISSN EVAFB
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
500600 -- Environment
Atmospheric-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
AIR QUALITY
CLEAN AIR ACT
ENVIRONMENTAL PROTECTION AGENCY
LAWS
LEGISLATION
NORTH AMERICA
POLLUTION LAWS
REGULATIONS
STANDARDS
USA