1. Section 109 of the Federal Clean Air Act requires the administrator of the EPA to set national ambient air quality standards (NAAQS) for air pollutants. The section instructs the EPA to set NAAQS at levels to "protect the public health" with an "adequate margin of safety." Pursuant to Sec. 109, the EPA issued new standards for ozone and particulate matter emitted from the operation of trucks. The American Trucking Association (ATA) sued the EPA, arguing the EPA should consider the cost caused to trucking firms before issuing the NAAQS. The EPA argued that it did not have to do so under the statute. At trial, the U.S. District Court found for the ATA, but the Court of Appeals held for the EPA on the issue.
Section 109 instructs the EPA to set primary ambient air quality standards, "the attainment and maintenance of which are requisite to protect public health" with an "adequate margin of safety". This text does not permit the EPA to consider costs in setting the standards. The EPA is to identify the maximum airborne concentration of a pollutant that the public health can tolerate, decrease the concentration to provide an adequate margin of safety, and set the standard at that level. Nowhere are the costs of achieving that standard made part of that initial calculation.
ATA states that more factors than air pollution affect public health. They state that "the economic cost of implementing a very stringent standard might produce losses sufficient to offset the health gains achieved in cleaning the air, for example, industries will be closed down, thereby impoverishing the workers and consumers dependent upon those industries.
The case is now before the Supreme Court. If you were a justice, how would you vote? And why?
2. The U.S. Forest Service is responsible for managing the country's forests for recreational and other purposes. This includes issuing special permits to private companies to operate ski areas on federal lands. Sandy Butte is a 6,000 foot mountain in a national forest in the State of Washington. The mountain, like the valley it overlooks, is a pristine, unspoiled and sparsely populated area located within a national park. Large populations of mule deer and other animals live in the park.
Ski the Slopes, Inc., a recreational company that operates ski resorts, has applied to the Forest Service for a special-use permit to develop and operate its proposed Early Season Ski Resort on Sandy Butte and on a 1,165-acre parcel of private land it acquired adjacent to the national forest. The proposed development would make use of approximately 2,900 acres of Sandy Butte to provide up to 16 ski lifts capable of accommodating 10,000 skiers at one time. Is an environmental impact statement required? Why?
You are a resident of the village of Sandy Butte located on the mountain. Sandy Butte is a tiny village that has a reputation for its homey and friendly environment and is known for preserving the natural features of its surroundings. Ski the Slopes has applied for a permit to build a resort hotel and clubhouse to support the ski resort. How should the village council respond? Why?