Saturday, May 21, 2011

ENFORCEMENT MECHANISM OF AIR POLLUTION LAWS IN U.S.A. AND INDIA : A COMPARISION by Suvalaxmi Dash, LL.M., NLSIU, Bangalore


CHAPTER-1
Introduction
The principal statute addressing air quality concerns in United States, the Clean Air Act was first enacted in 1955, with major revisions in 1970, 1977, and 1990. The Act requires EPA to set health-based standards for ambient air quality, sets deadlines for the achievement of those standards by state and local governments, and requires EPA to set national emission standards for large or ubiquitous sources of air pollution, including motor vehicles, power plants, and other industrial sources. In addition, the Act mandates emission controls for sources of 188 hazardous air pollutants, requires the prevention of significant deterioration of air quality in areas with clean air, requires a program to restore visibility impaired by regional haze in national parks and wilderness areas, and implements the Montreal Protocol to phase out most ozone-depleting chemicals.
                             
                  The Clean Air Act, like other laws enacted by Congress, was incorporated into the United States Code as Title 42, Chapter 85. The House of Representatives maintains a current version of the U.S. Code, which includes Clean Air Act changes enacted since 1990.

In India The Air (Prevention and Control) Act 1981 was enacted by the Parliament under Article 253 of the Constitution to take appropriate steps to prevent and control air pollution and fulfill the proclamation adopted by the United Nations Conference on the Human Environment held in Stockholm in June 1972. The main functions of Central Pollution Control Board (CPCB) as per the Air Act are to improve the quality of air and to prevent, control or abate air pollution in the country.

                                  My project will be based on descriptive, analytical and comparative approach. The reason being, the researcher is going to compare both the system and various drawbacks of the same. The researcher has adopted the uniform mode of citation throughout the project paper.

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