State reactions to the trading of emissions allowances under Title IV of the Clean Air Act Amendments of 1990

Article Abstract:

States have registered unanticipated objections to the trading of emissions allowances under Title IV of the Clean Air Act Amendments of 1990 through lawsuits and threatened passage of restrictive state laws. The program would be most endangered by proposed state laws that would institute state oversight of emissions trading between in-state and out-of-state utilities. The emissions trading program was designed to use free-market incentives to reduce sodium dioxide emissions, but the plan would be obstructed by such restrictive state legislation. A lawsuit filed by New York will probably not be successful.

Political aspects, Air pollution control, Emissions credit trading, Emissions trading, Air quality management, Federal-state controversies, states

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Cars, Congress, and clean air for the northeast: a separation of powers analysis of the Ozone Transport Commission

Article Abstract:

The US Congress established the Ozone Transport Commission (OTC) under the Northeast Ozone Transport Region in section 184 of the Clean Air Act Amendments of 1990. Establishment of the OTC is not unconstitutional under the separation of powers or the nondelegation doctrine, the former taking place only if the OTC usurped the powers of the EPA or resulted in an undue concentration of legislative power. The OTC may ultimately result in an expansion of state power, not more congressional power. Moreover, it makes sense for Congress to give the development of ozone standards to experts.

Air pollution, Air quality, Atmospheric ozone

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Groundwater jurisdiction under the Clean Water Act: the tributary groundwater dilemma

Article Abstract:

The approach of the United States Court of Appeals for the 10th Circuit and the Sierra Club v. Colorado Refining Co. ruling giving the Clean Water Act (CWA)jurisdiction over groundwater as well as surface water deserves broader adoption. Interpreting the CWA this way would fulfil its legislative intent and is necessary to prevent the eventual contamination of surface waters.

Water, Underground, Groundwater, Water quality

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