Regulation and the Courts: The Case of the Clean Air Act

By R. Shep Melnick | Go to book overview

CHAPTER SIX
Variances: The Fruits of Judicial Distrust

IN 1973 the Natural Resources Defense Council (NRDC) filed suit against the Environmental Protection Agency in six federal courts of appeal to force the agency to disapprove the variance provisions included in a large number of state implementation plans (SIPs).1 The NRDC contended that the states might use these variance provisions to delay pollution cleanup and thus make a mockery of the Clean Air Act's deadlines. The EPA replied that it had approved variance mechanisms with the understanding that specific variances would become part of a state plan only when approved by the EPA as legal plan revisions. It would not approve variances that would lead to postdeadline violations of national air quality standards. In essence the issue before the courts was whether to trust the EPA to supervise the granting of variances by the states.

The courts split into two camps on this issue. The differences in the two positions reflect the conflicting assumptions of the "old" and the "new" administrative law: the former assumes that the agency in question is conscientiously pursuing its statutory mission and checks to see that

____________________
1
Natural Resources Defense Council v. Environmental Protection Agency, 478 F.2d 875 (1st Cir. 1973); Natural Resources Defense Council v. Environmental Protection Agency, 494 F.2d 519 (2d Cir. 1974); Natural Resources Defense Council v. Environmental Protection Agency, 489 F.2d 390 (5th Cir. 1974); Natural Resources Defense Council v. Environmental Protection Agency, 483 F.2d 690 (8th Cir. 1973); and Natural Resources Defense Council v. Environmental Protection Agency, 507 F.2d 905 (9th Cir. 1974). In Natural Resources Defense Council v. Environmental Protection Agency, 481 F.2d 116 (10th Cir. 1973), the court denied the NRDC standing. The Supreme Court ruled on the issue in Train v. Natural Resources Defense Council, 421 U.S. 60 ( 1975).

-155-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Regulation and the Courts: The Case of the Clean Air Act
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 404

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.