Turning Two Blind Eyes: The EPA's Failure to Consider Costs and Health Disbenefits in Revising the Ozone Standard

Tulane Environmental Law Journal, Vol. 11, p. 261, 1998

20 Pages Posted: 2 Aug 2009

See all articles by Gary E. Marchant

Gary E. Marchant

Arizona State University - College of Law

Date Written: 1998

Abstract

This Article critiques the EPA’s refusal to consider economic impacts and health disbenefits in revising the ozone standard on both policy and legal grounds. For each of these two factors, it is first argued that consideration of the factor is necessary for rational decision-making. Second, the EPA’s argument that the Clean Air Act precludes the Agency from considering each factor is shown to be untrue, and indeed is inconsistent with the statutory languages and objectives. Part I briefly summarizes the EPA’s decision to revise the ozone standard. Part II examines the policy and legal flaws in the EPA’s decision not to consider costs, while Part III addresses parallel flaws in the EPA’s refusal to consider the health disbenefits of the revised ozone standard.

Keywords: EPA, Clean Air Act, ozone standard

Suggested Citation

Marchant, Gary E., Turning Two Blind Eyes: The EPA's Failure to Consider Costs and Health Disbenefits in Revising the Ozone Standard (1998). Tulane Environmental Law Journal, Vol. 11, p. 261, 1998. Available at SSRN: https://ssrn.com/abstract=1441507

Gary E. Marchant (Contact Author)

Arizona State University - College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States
(480) 965-3246 (Phone)
(480) 965-2427 (Fax)

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