Document Type

Article

Publication Title

Yale Law Journal

Abstract

The Clean Air Act (CAA) and the Federal Water Pollution Control Act (FWPCA) mandate both ambient environmental quality standards and technology-based emission or effluent standards for certain sources of pollution. This Note demonstrates that the current use of technology-based standards precludes the achievement of ambient standards at least cost. It argues further that, in the context of this mixed regulatory system, technology-based standards fail to promote any important non-economic goals. As an alternative to the current system of dual standards, the Note proposes a zoned marketable pollution rights scheme that would ensure that ambient standards are met at least cost.

First Page

792

DOI

https://doi.org/10.2307/796039

Volume

91

Publication Date

1982

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