Air Pollution: Building on the Successes

NYU Environmental Law Journal, Vol. 17, No. 1, 2008

Breaking the Logjam: Environmental Reform for the New Congress and Administration Paper

41 Pages Posted: 26 Mar 2009

See all articles by David Schoenbrod

David Schoenbrod

New York Law School

Joel Schwartz

American Enterprise Institute

Ross Sandler

New York Law School

Abstract

This article examines the evidence from thirty-eight years of experience under the Clean Air Act Amendments of 1970 (and later amendments) and concludes that federal air pollution regulation has achieved the greatest pollution reductions when requirements were aimed directly at pollution sources rather than at requiring states to comply with federal planning procedures. The authors propose that Congress stop regulating the states and focus on regulating the largest sources of pollution. By directly regulating just a few thousand such major sources, as well as continuing to regulate new vehicles directly, and certain other nationally marketed goods (mainly fuels, paints, and solvents), the federal government would itself control the lion's share of interstate pollution. Congress should leave all remaining sources -- the overwhelming majority in terms of the number of facilities -- to regulation by the states.

Suggested Citation

Schoenbrod, David and Schwartz, Joel and Sandler, Ross, Air Pollution: Building on the Successes. NYU Environmental Law Journal, Vol. 17, No. 1, 2008, Breaking the Logjam: Environmental Reform for the New Congress and Administration Paper, Available at SSRN: https://ssrn.com/abstract=1367289

David Schoenbrod (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212-431-2339 (Phone)
212-431-9205 (Fax)

Joel Schwartz

American Enterprise Institute ( email )

1150 17th Street, N.W.
Washington, DC 20036
United States
916-203-6309 (Phone)

HOME PAGE: www.aei.org

Ross Sandler

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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