THE CLEAN AIR ACT AMENDMENTS OF 1990: A BRIDGE TO THE FUTURE?

The Clean Air Act Amendments of 1990 represent the result of years of effort to improve programs to control and prevent air pollution in the United States. However, the detail and complexity of the Amendments may undermine their effectiveness. The Amendments set forth a number of schedules that exte...

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Bibliographic Details
Published in:Environmental law (Portland, Ore.) Ore.), 1991-01, Vol.21 (4), p.1817-1841
Main Author: Oren, Craig N.
Format: Article
Language:English
Subjects:
Air pollution
Air quality
Best available technology
Clean Air Act
Emission control systems
Emission standards
Environmental agencies
Environmental law
Environmental legislation
Environmentalism
Interpretation and construction
Laws, regulations and rules
OVERVIEW AND CRITIQUE
Pollutant emissions
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Summary:The Clean Air Act Amendments of 1990 represent the result of years of effort to improve programs to control and prevent air pollution in the United States. However, the detail and complexity of the Amendments may undermine their effectiveness. The Amendments set forth a number of schedules that extend beyond the authorized appropriations, leaving the statute vulnerable to amendment if economic concerns come to the forefront. In addition, the statute contains both market-based controls and technology-based controls, systems which are difficult to operate consistently. Finally, the detail and intricacy of the Amendments may overburden the regulatory process, create a self-reinforcing cycle of complexity, and create the opportunity for special interest groups to capture both Congress and the U.S. Environmental Protection Agency (EPA). Thus, the Amendments may afford further evidence of the need to consider more flexible approaches to environmental legislation.
ISSN:0046-2276