More From the CRS on Nonattainment Area Sanctions

April 1983
Citation:
13
ELR 10098
Issue
4

On February 17, 1983, the Congressional Research Service (CRS) issued its second analysis of Clean Air Act sanctions for nonattainment areas. Like the first report, which was reprinted at 12 ELR 30019, the current CRS paper was authored by Robert Meltz and is published in the Administrative Materials section of this month's issue of ELR, 13 ELR 30001. In this paper, Mr. Meltz analyzes whether the Clean Air Act requires imposition of the construction ban on areas that have approved Part D state implementation plans and are implementing them, but nonetheless failed to attain the national ambient air quality standards by the December 31, 1982, deadline. He concludes that while numerous arguments support the view that the ban is mandatory, the better position is that post-deadline nonattainment alone does not mandate imposition of the construction moratorium. Mr. Meltz's new article is a useful addition to the literature on the complex subject of reconciling the need for real pressure to force the cleanup of nonattainment areas and the substantial economic disruption that could result from rigid imposition of all the nonattainment penalties provided in the Clean Air Act.

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More From the CRS on Nonattainment Area Sanctions

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