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Volume 22, Issue 4 — April 1992

Articles

A Clean Air Act Primer: Part II (Chapter 6)

by Theodore L. Garrett and Sonya D. Winner

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (PSD) program, new and modified source review, the national emission standard for hazardous air pollutants (NESHAP) program, acid deposition control provisions, and mobile source controls. The authors explore the evolution of the PSD program from its origins in Sierra Club v. Ruckelshaus, 2 ELR 20656, to its current focus on requiring preconstruction review of major sources and modifications to ensure that deterioration is prevented and appropriate control technology is used. The authors next analyze how the Clean Air Act utilizes the review and permitting of new and modified sources as basic planning and control features for regulating such sources and their impact on attainment and maintenance of the national air quality standards. The authors next explore the regulation of hazardous emissions, from the pre-1990 NESHAP program to the ramifications of the 1990 amendments. Finally, the authors analyze the new acid deposition control provisions added by the 1990 amendments, including the new allowance program, and how the amendments impact Title II of the Clean Air Act, which governs emissions from mobile sources.

A Clean Air Act Primer: Part II (Chapter 7)

by Theodore L. Garrett and Sonya D. Winner

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (PSD) program, new and modified source review, the national emission standard for hazardous air pollutants (NESHAP) program, acid deposition control provisions, and mobile source controls. The authors explore the evolution of the PSD program from its origins in Sierra Club v. Ruckelshaus, 2 ELR 20656, to its current focus on requiring preconstruction review of major sources and modifications to ensure that deterioration is prevented and appropriate control technology is used. The authors next analyze how the Clean Air Act utilizes the review and permitting of new and modified sources as basic planning and control features for regulating such sources and their impact on attainment and maintenance of the national air quality standards. The authors next explore the regulation of hazardous emissions, from the pre-1990 NESHAP program to the ramifications of the 1990 amendments. Finally, the authors analyze the new acid deposition control provisions added by the 1990 amendments, including the new allowance program, and how the amendments impact Title II of the Clean Air Act, which governs emissions from mobile sources.

A Clean Air Act Primer: Part II (Chapter 8)

by Theodore L. Garrett and Sonya D. Winner

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (PSD) program, new and modified source review, the national emission standard for hazardous air pollutants (NESHAP) program, acid deposition control provisions, and mobile source controls. The authors explore the evolution of the PSD program from its origins in Sierra Club v. Ruckelshaus, 2 ELR 20656, to its current focus on requiring preconstruction review of major sources and modifications to ensure that deterioration is prevented and appropriate control technology is used. The authors next analyze how the Clean Air Act utilizes the review and permitting of new and modified sources as basic planning and control features for regulating such sources and their impact on attainment and maintenance of the national air quality standards. The authors next explore the regulation of hazardous emissions, from the pre-1990 NESHAP program to the ramifications of the 1990 amendments. Finally, the authors analyze the new acid deposition control provisions added by the 1990 amendments, including the new allowance program, and how the amendments impact Title II of the Clean Air Act, which governs emissions from mobile sources.

A Clean Air Act Primer: Part II (Chapter 9)

by Theodore L. Garrett and Sonya D. Winner

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (PSD) program, new and modified source review, the national emission standard for hazardous air pollutants (NESHAP) program, acid deposition control provisions, and mobile source controls. The authors explore the evolution of the PSD program from its origins in Sierra Club v. Ruckelshaus, 2 ELR 20656, to its current focus on requiring preconstruction review of major sources and modifications to ensure that deterioration is prevented and appropriate control technology is used. The authors next analyze how the Clean Air Act utilizes the review and permitting of new and modified sources as basic planning and control features for regulating such sources and their impact on attainment and maintenance of the national air quality standards. The authors next explore the regulation of hazardous emissions, from the pre-1990 NESHAP program to the ramifications of the 1990 amendments. Finally, the authors analyze the new acid deposition control provisions added by the 1990 amendments, including the new allowance program, and how the amendments impact Title II of the Clean Air Act, which governs emissions from mobile sources.

Natural Resource Damages From Oil Spills: A Comparison of the Ohio Decision and the Oil Pollution Act

by Richard W. Dunford

Editors' Summary: The subject of natural resource damages continues to become ever more prominent. Congress' 1990 enactment of the Oil Pollution Act with a strong provision on causes of action for natural resource damages, combined with the 1991 settlement for damages from the Exxon Valdez oil spill worth hundreds of millions of dollars, promises to create even more attention in the future.

In this Article, the author, an economist, focuses on an issue not yet widely analyzed: the different results that occur from using different formulations to measure natural resource damages. In 1989, the D.C. Circuit ruled in
Ohio v. United States Department of the Interior, 19 ELR 21099, that the cost of restoring damaged resources is the starting point in calculating the damage award. Congress took a similar approach in the Oil Pollution Act. Yet, on close examination the two standards are not the same, and in some cases the results can be dramatically different depending on which formulation is used.

The author illustrates the differences with four hypothetical scenarios, and draws conclusions about which scenarios are most likely to occur in practice.

The Collision of the Environment and Trade: The GATT Tuna/Dolphin Decision

by Robert F. Housman and Durwood J. Zaelke

Editors' Summary: On September 3, 1991, a three-member dispute resolution panel formed by the signatories to the General Agreements on Tariffs and Trade (GATT) held that a U.S. embargo on Mexican tuna and tuna products harvested in the Eastern Tropical Pacific Ocean violated GATT. The resulting controversy has focused on the decision's effect on U.S. actions under the Marine Mammal Protection Act (MMPA), and the ramifications to other U.S. environmental laws with international trade impacts. The authors describe the legal background of this decision, including the GATT and MMPA provisions addressed by the panel, analyze the decision in depth, and discuss the recent U.S. District Court for the Northern District of California decision enjoining the Secretaries of Commerce and the Treasury and the National Marine Fisheries Service from allowing intermediary nations to import tuna from embargoed harvesting nations into the United States. Finally, the authors analyze the potential effects of the panel's decision on domestic laws and international laws and agreements and conclude that although the decision's policy ramifications will be significant, it will have little effect on U.S. law.

A Clean Air Act Primer: Part II (Chapter 5)

by Theodore L. Garrett and Sonya D. Winner

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (PSD) program, new and modified source review, the national emission standard for hazardous air pollutants (NESHAP) program, acid deposition control provisions, and mobile source controls. The authors explore the evolution of the PSD program from its origins in Sierra Club v. Ruckelshaus, 2 ELR 20656, to its current focus on requiring preconstruction review of major sources and modifications to ensure that deterioration is prevented and appropriate control technology is used. The authors next analyze how the Clean Air Act utilizes the review and permitting of new and modified sources as basic planning and control features for regulating such sources and their impact on attainment and maintenance of the national air quality standards. The authors next explore the regulation of hazardous emissions, from the pre-1990 NESHAP program to the ramifications of the 1990 amendments. Finally, the authors analyze the new acid deposition control provisions added by the 1990 amendments, including the new allowance program, and how the amendments impact Title II of the Clean Air Act, which governs emissions from mobile sources.