Court Upholds States' Relaxation of CO2 Controls: Interstate Impacts, Sulfate Pollution Allowable

February 1983
Citation:
13
ELR 10036
Issue
2
Author
Phillip D. Reed

Editors' Summary: The long-range transport of sulfur dioxide emissions, their transformation into sulfates in the atmosphere, and their eventual return to earth through the phenomena popularly lumped together under the name "acid rain" is a serious environmental problem that many argue has been given inadequate attention in the Clean Air Act. In three decisions issued on December 1, 1982, the Second Circuit Court of Appeals analyzed carefully the Clean Air Act's response to the interstate transport of SO2 and its transformation into sulfates. The court upheld EPA approval of revisions to the New York and Connecticut state implementation plans, including one utilizing the "bubble policy, which allow increases in SO2 emissions from existing facilities. Phillip D. Reed reviews the decisions and argues that while they illustrate the limitations of the Act's response to interstate SO2 pollution and the atmospheric formation of sulfates, they also establish a basis on which those provisions could be given greater effect in later cases.

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