Coal Conversion and Air Pollution: What the Energy Supply and Environmental Coordination Act of 1974 Provides

November 1974
Citation:
4
ELR 50101
Issue
11
Author
William F. Pedersen Jr.

As everyone knows by now, the Clean Air Act, once a relatively innocuous expression of congressional good wishes,1 was amended in 1970 to become what is still the most sweeping and consequential environmental legislation on the books.2 The Energy Supply and Environmental Coordination Act of 19743 (ESECA) contains the first amendments to the Clean Air Act to clear Congress since that date. These amendments arose out of the hurried congressional and national reaction to the "energy crisis" of last winter. Accordingly, their scope is limited and they do not attempt to resolve any sensitive pollution control issues with finality. Thus, the date for achieving auto emission standards is extended, but the final standards themselves are retained, and the question whether catalytic converters should be used to meet them is not addressed. Similarly, the most controversial "transportation control plan" measures are blocked or deferred, but the truncated plans themselves are allowed to move forward, and the strategy of reducing air pollution by reducing traffic is not explicitly questioned. In each case, the Congress realized and stated throughout the legislative proceedings that these issues deserved fuller consideration and would get it in later sessions.

Attorney, Office of General Counsel, Environmental Protection Agency. B.A. Harvard 1965; LL.B. Harvard 1968. The views expressed in this Article are those of the author only and not necessarily those of the Environmental Protection Agency or of any other employee of the Environmental Protection Agency.

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Coal Conversion and Air Pollution: What the Energy Supply and Environmental Coordination Act of 1974 Provides

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