Federal/State Relations in the Clean Air Act, the Clean Water Act and RCRA: Does the Pattern Make Sense?

December 1982
Citation:
12
ELR 15069
Issue
12
Author
William F. Pedersen Jr.

In this Article, I am to take EPA's three most sweeping pollution control statutes—the Clean Air Act, the Clean Water Act, and the Resource Conservation & Recovery Act (RCRA)—and spell out how each of them deals with federal/state relations. Beyond that, I am supposed to plant the question in your minds whether the existing allocation of responsibilities makes sense, and how it might be reformed if it doesn't. I think we could ask that question either by taking each statute as a whole or by comparing them with each other, and I plan to do a little of both. Finally, Turner Smith agreed that I could also set out some broader, more philosophical principles on how to allocate these duties.

These will be my own personal views.

Mr. Pedersen is Associate General Counsel, Air, Noise & Radiation, U.S. Environmental Protection Agency.