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45 Envtl. L. 75 (2015)
Origins of the Clean Air Act: A New Interpretation

handle is hein.journals/envlnw45 and id is 87 raw text is: ORIGINS OF THE CLEAN AIR ACT: A NEW INTERPRETATION BY CHRISTOPHER D. AHLERS* Given the increased national attention to the use of the Clean Air Act to address climate change, an analysis of the origins of the Clean Air Act is instructive for undemstanding the law in its current form. Contrary to the traditional view, the formation of the Clean Air Act was not the result of the events of the Year of the Environment, but rather, the gradual evolution of a federal regulatory approach to the medium of air between 1955 and 1970. Far from being weak and ineffectual, the federal air pollution laws of 1955, 1963, 1965, and 19671aid the legal and conceptual framework for the modern Clean Air Act I. INTRODUCTION..........................................76 II. THE 1955 ACT. ..........................................78 III. THE 1963 ACT ...............................................84 A. General Provisions and Stationary Sources.... . ..........85 B. Mobile Sources......... ......................94 C Miscellaneous Provisions ................. ...........95 D. Appropriations.................................96 IV. A CASE STUDY ON THE ABATEMENT CONFERENCE AND JUDICIAL ENFORCEMENT PROCEDURE: UNITED STATES v BISHOP PROCESSING COMPANY...................................................97 V. THE 1965 ACT ........................ ......................102 A. General Provisions and Stationary Sources ..... ........103 B. Mobile Sources. ................................104 C Appropriations.. .................................107 * Christopher D. Ahlers, Adjunct Professor of Law at Vermont Law School. J.D., Boston College Law School, 1993, L.L.M in Environmental Law, summa cum laude, Vermont Law School, 2013. As an Assistant Professor of Law, he has taught courses in Air Pollution Law & Policy and Environmental Law at Vermont Law School. As a Staff Attorney at the Environmental and Natural Resources Law Clinic of Vermont Law School, he has trained students in environmental litigation, including litigation under the Clean Air Act. He is thankful for the assistance of Ashley Welsch (J.D. anticipated, 2015) and Stuart Souther (L.L.M., 2014) in providing feedback for the preparation of this Article. He is also grateful for the work of Lewis & Clark Law School students Victor Reuther, Christopher Griffith, and Stephanie Grant, who edited this article for publication. [75]

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