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- Title
Gasping for Breath: The Administrative Flaws of Federal Hazardous Air Pollution Regulation and What We Can Learn from the States.
- Authors
Flatt, Victor B.
- Abstract
This Article explains the continuing problems with protecting human health under the Clean Air Act's hazardous air pollutant program, in particular, the difficulty of protecting the public from residual health risks when all sources have put maximum technological controls into place. The Article traces the causes of these problems to flaws in the statutory implementation and the enforcement regime concerning residual health risks. In seeking to resolve these lingering flaws in the federal program. this Article surveys twelve states that have stricter protections than the federal government for residual risk from air toxics, and analyzes these states' success in reducing air toxic concentrations. Commonalities between the most successful states programs reveal potential solutions for improving regulation of hazardous air pollutants at the federal level.
- Subjects
UNITED States; CLEAN Air Act (U.S.); AIR pollution; ENVIRONMENTAL protection; LEGISLATIVE bills; STATES (Political subdivisions); LEGISLATIVE power; FEDERAL government
- Publication
Ecology Law Quarterly, 2007, Vol 34, Issue 1, p107
- ISSN
0046-1121
- Publication type
Article