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Abstract: Few provisions of environmental statutes have provoked more confusion, uncertainty, disagreement, and changes in direction and policy than has section 112 of the Clean Air Act, 42 U.S.C. § 7412 (1982). Implementation of section 112 has been hampered by a fundamental dispute over what factors should, should not, or must not be considered in setting national emission standards for hazardous air pollutants, and what levels of health risk posed by emissions of such substances are acceptable. Some of the most contentious issues arising under section 112 were addressed by the U.S. Court of Appeals for the D.C. Circuit in Natural Resources Defense Council v. EPA, 824 F.2d 1146 (D.C. Cir. 1987). This article analyzes the court’s holdings regarding two of the most controversial issues regarding section 112 rule-making, and their effect upon future environmental regulation.
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