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1977 procedural amendments to the Clean Air Act - have they made a difference

Eileen Paez

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Abstract

The purpose of the 1977 Procedural Amendments to the Clean Air Act was to insure consistent policy and legal interpretation by the regional offices of the Environmental Protection Agency (EPA). A review of subsequent court cases shows that the amendments have not caused the D.C. Circuit Court of Appeals to give more deference to EPA decisions. The evidence suggests that the court is taking an even harder look, although it is not ready to take a firm stand on what its review standard should be. 115 references.

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The purpose of the 1977 Procedural Amendments to the Clean Air Act was to insure consistent policy and legal interpretation by the regional offices of the Environmental Protection Agency (EPA). A review of subsequent court cases shows that the amendments have not caused the D.C. Circuit Court of Appeals to give more deference to EPA decisions. The evidence suggests that the court is taking an even harder look, although it is not ready to take a firm stand on what its review standard should be. 115 references.

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Available abstract

The purpose of the 1977 Procedural Amendments to the Clean Air Act was to insure consistent policy and legal interpretation by the regional offices of the Environmental Protection Agency (EPA). A review of subsequent court cases shows that the amendments have not caused the D.C. Circuit Court of Appeals to give more deference to EPA decisions. The evidence suggests that the court is taking an even harder look, although it is not ready to take a firm stand on what its review standard should be. 115 references.

Key concepts: Clean Air Act, Deference, Agency (philosophy), Law, Interpretation (philosophy), Statutory interpretation, Political science, Standard of review

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