Record Display for the EPA National Library Catalog


OLS Field Name OLS Field Data
Main Title Legal issues related to creation, banking and use of Emission Reduction Credits (ERCs) {microform} /
CORP Author Environmental Protection Agency, Washington, DC.
Publisher U.S. Environmental Protection Agency, Regulatory Reform Staff,
Year Published 1984
Report Number EPA/230/02-84/004
Stock Number PB84-195460
OCLC Number 48505798
Subjects Pollution control industry--United States
Additional Subjects Air pollution ; Regulations ; Industrial plants ; Cost engineering ; Industrial wastes ; State governments ; Abatement ; Emission reduction credits ; Public trust doctrine
Library Call Number Additional Info Location Last
NTIS  PB84-195460 Most EPA libraries have a fiche copy filed under the call number shown. Check with individual libraries about paper copy. NTIS 01/01/1988
Collation 14 p. ; 28 cm.
This report presents an overview on which involves the creation of surplus pollution reductions (Emission Reduction Credits) at certain emission sources and use of these reductions to meet requirements applicable to other emission sources. The public trust doctrine holds that some public resources, notably land, are held in trust by the state for the public. Insofar as an Emission Reduction Credit (ERC) might be construed as a private right in a public resource (air), the doctrine may be of concern to states adopting an emissions trading program. At most, the public trust doctrine is common law, and presumably a properly enacted state regulatory program (enacted under state and federal statute) would preempt a common law doctrine. The only consistent reading of the public trust doctrine is that the state must administer public property in a way that ensures broad public use for all purposes. An emissions trading program is consistent with this end, allocating competing uses of a limited resource. An ERC program does not conflict with the public trust doctrine, and the doctrine should prove no obstacle to Emissions Trading.
"May 1984." "Report number: EPA 230-02-84-004." Microform.