In 1977, the U.S. Congress amended the Clean Air Act (CAA)¹ to codify a new source review (NSR) program for major new or modified sources in areas that attain national ambient air quality standards (NAAQS). These prevention of significant deterioration (PSD) provisions require major new or modified sources² that will emit significant amounts of regulated pollutants³ to obtain a permit before commencing construction of the source or modification.

States have been and should continue to be engines of sustainable development in the United States. They are not the only forces at work, and some have been willing to let others, along with the large federal locomotive, pull them up the sustainable development hill, but they are necessary if the United States is to reach its goals. The important roles that states have in policymaking and implementation means that a complete assessment of progress toward sustainable development in the United States must include an examination of what states are accomplishing.

In June 2001, the majority of the Supreme Court of Canada cited the precautionary principle¹ as a principle of international law and policy and concluded that municipal power to regulate pesticides is consistent with the principle.² This decision marked a decade of growth for the precautionary principle in Canada.

Gridlock and Its Implications

Coal combustion is the leading source of industrial air pollution in China today, contributing up to 87% of total sulfur dioxide (SO₂) emissions and 75% of carbon dioxide (CO₂) emissions.¹ In 2001, 46% of total SO₂ emissions stemmed from power plants alone.² These emissions in turn contribute heavily to acid rain, smog, and climate change both within China and around the world, causing severe damage to human health and natural ecosystems.³

The U.S. Supreme Court's Chevron, U.S.A., Inc.

When society recognizes a need that can be satisfied through advanced education or research and when sufficient funds are available to pay the cost, American universities respond in exemplary fashion. . . . On the other hand, when social needs are not clearly recognized and backed by adequate financial support, higher education has often failed to respond as effectively as it might, even to some of the most important challenges facing America . . . .

With no fanfare, and indeed with hardly much public notice, agrarianism is again on the rise. In small corners and pockets, in ways for the most part unobtrusive, people are reinvigorating their ties to the land, both in their practical modes of living and in the ways that they think about themselves, their communities, and the good life. Agrarianism, broadly conceived, reaches beyond food production and rural living to include a wide constellation of ideas, loyalties, sentiments, and hopes.

The timing of environmental analysis and judicial review presents critical issues of interpretation under the National Environmental Policy Act (NEPA). Courts must be able to review an agency's compliance with NEPA before the agency makes major decisions, and before it invests significant resources that can compromise environmental review. Agencies must not be allowed to delay environmental review just because necessary data and research are difficult to obtain, or environmental impacts are uncertain. This Article discusses how the courts have handled these timing problems.

On May 16, 2000, Minnesota Mining and Manufacturing (3M) Company announced its intention to voluntarily phase out its perfluorooctane sulfonate (PFOS)-based line of products from the global chemical market.¹ This announcement surprised many in the industry, as 3M had manufactured PFOS-based products such as Scotchgard TM for nearly 40 years.² In its press release, 3M executives indicated their decision was based on their pursuit of responsible environmental management.³ However, while the scientific information av