50,522 research outputs found

    Drawing Boundaries for Air Quality Control Under the Clean Air Act: The Importance of NOT Being Nonattainment

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    Much has changed with regard to air pollution control since 1970 whenCongress revised the Clean Air Act to assume a form that, in very broad terms,it retains today.  From a legal point of view, while states1 still retained at thattime wide-ranging discretion to design the regulatory controls necessary toattain the air quality goals of the Act, that discretion was significantly limitedwhen Congress revisited the Act in 1977.  State discretion diminished to aneven greater extent, particularly with regard to the air pollutants ozone, carbonmonoxide, and particulate matter, when President George H.W. Bush signedthe Clean Air Act Amendments of 1990.</jats:p

    State Implementation Plans Under the 1990 Clean Air Act: Can New York Conform?

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    The Clean Air Act Amendments of 1990 were enacted in response to an increased awareness of the negative health effects associated with air pollution coupled with the failure of the Clean Air Act Amendments of 1970 to improve the nation\u27s air quality. Under the 1990 amendments each state is required to submit a State Implementation Plan ( SIP ) explaining the state\u27s method for attaining the national air quality standards. This article provides an in-depth explanation of the standards set by the 1990 amendments. Using the New York State SIP as an illustration, the author contends that states will have difficulty conforming with the 1990 amendments

    Environmental Law - Clean Air Act Amendments - State Implementation Plans - Postponements - Revisions

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    The United States Supreme Court has held that individual variances from a state\u27s implementation plan which do not violate national ambient air standards are permissible as revisions, rather than postponements, under the Clean Air Act Amendments of 1970. Train v. Natural Resources Defense Council, Inc., 421 U.S. 60 (1975)

    The Clean Air Act: Taking a Stick to the States

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    In order to evaluate the effectiveness of the Clean Air Act of 1970, this Note will first examine how one heavily industrialized state has responded to having a stick taken to it. Additionally, the federal-state relations which have resulted from the shift in emphasis from state to federal control, and industry\u27s onslaught on the courts for judicial review of actions taken by both federal and state agencies will be examined. In particular, the central role which the sulfur dioxide standards have played will serve to illustrate some of the areas in which the Clean Air Act has encountered difficulties. Sulfur dioxide is the primary pollutant emitted by the burning of coal, and the nation\u27s increased dependence on coal has created a serious test of Congress\u27 technology-forcing policy embodied in the 1970 Amendments. This is so because the control of this particular pollutant has demanded technological innovation and costly improvements to new and existing plants. As a result, industry and particularly the electric utilities, have made a concerted effort to delay implementation and undermine the deadlines established by Congress. The latter portion of this Note will consider their success rate in view of the proposed amendments to the Clean Air Act to be voted upon by the 95th Congress

    Air Quality, Infant Mortality, and the Clean Air Act of 1970

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    We examine the effects of total suspended particulates (TSPs) air pollution on infant health using the air quality improvements induced by the 1970 Clean Air Act Amendments (CAAA). This legislation imposed strict regulations on industrial polluters in nonattainment' counties with TSPs concentrations exceeding the federal ceiling. We use nonattainment status as an instrumental variable for TSPs changes to estimate their impact on infant mortality changes in the first year that the 1970 CAAA was in force. TSPs nonattainment status is associated with sharp reductions in both TSPs pollution and infant mortality from 1971 to 1972. The greater reductions in nonattainment counties near the federal ceiling relative to the attainment' counties narrowly below the ceiling suggest that the regulations are the cause. We estimate that a one percent decline in TSPs results in a 0.5 percent decline in the infant mortality rate. Most of these effects are driven by a reduction in deaths occurring within one month of birth, suggesting that fetal exposure is a potential biological pathway. The results imply that roughly 1,300 fewer infants died in 1972 than would have in the absence of the Clean Air Act.

    Clean Air Act Amendments of 1970 - Technological and Economic Infeasibility

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    Environmental Law in the United States

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    Environmental law in the United States comprises a complex patchwork of federal, state, and local statutes and regulations, along with the traditions of common law. Most statutory environmental programs emerged in the second half of the twentieth century. In the 1960s, writings such as Rachel Carson\u27s Silent Spring (1962) fueled environmental awareness in the United States; the first Earth Day, celebrated on April 22, 1970, symbolized the birth of vironmental law entered a new era in 1970, when President Richard Nixon created the Environmental Protection Agency and the U.S. Congress passed the National Environmental Policy Act and the 1970 Clean Air Act Amendments. In the next decade, the Federal Water Pollution Control Act Amendments (1972), the Coastal Zone Management Act (1972), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 1972), the Endangered Species Act (1973), the Toxic Substances Control Act (1976), the Resource Conservation and Recovery Act (1976), the Surface Mining Control and Reclamation Act (1977), and the Comprehensive Environmental Response, Compensation, and Liability Act, or Superfund law (1980), formed the body of modern environmental law. Environmental regulation in the United States derives primarily from federal and state legislation and is normally implemented by administrative agencies. Environmental law protects human health and property and natural ecosystems from air and water pollution, toxic contamination and exposure, and other harms arising from myriad commercial, industrial, and governmental activities

    Developing Regulations to Limit Emissions of Hazardous Air Pollutants under the Clean Air Act Amendments

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    In 1970, Congress passed Amendments to the Clean Air Act which included a provision requiring the EPA to reduce emissions of hazardous air pollutants (HAPs). The Amendments required the agency to promulgate emission standards that would provide an ample margin of safety to protect public health. The EPA was largely unsuccessful in promulgating rules under this framework. In 1990, Congress passed new Amendments to the Clean Air Act. These Amendments significantly changed the way the EPA was to develop emission standards for HAPs. The new Amendments require the agency to first set standards based on existing methods to emissions reduction, then evaluate remaining public health risks, within eight years, and set risk-based standards if necessary. The 1990 Amendments attempted to remove major impediments to standard setting under the former program: listing chemicals as HAPs was largely eliminated; setting health-based standards was postponed and may not be necessary in all cases; and deadlines were extended. The EPA has made some internal progress as a result of these changes but it still far behind its mandated regulatory schedule. How the agency succeeds as implementation proceeds will depend on how it manages the intractable regulatory process, and how it prepares for the second, risk-based phase of the program.Master of Science in Public Healt
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