Popis: |
It is a truism that air contaminants do not respect political boundaries. It follows that in airsheds which include parts of more than one state, and especially in our large interstate metropolitan centers, air contaminants emitted in one state frequently cross the state boundary, and contribute to a condition of air pollution in the receiving state. Indeed, the contaminants may cross back and forth many times, perhaps undergoing chemical changes in the meantime. How can the receiving state protect itself, or its citizens, from such contaminants emitted in a neighboring state? So far, no state has succeeeded in doing so. Some possibilities are considered below. For convenience, it may be useful to consider this question in three different contexts: (i) the power of the receiving state, under traditional constitutional theory; (2) opportunities afforded to receiving states under federal legislation; and (3) the possibility of control achieved through an interstate compact. |