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OLS Field Name OLS Field Data
Main Title Legal issues related to creation, banking and use of Emission Reduction Credits (ERCs)
Author Tether, Ivan J.
CORP Author ICF, Inc., Washington, DC.;Environmental Protection Agency, Washington, DC.
Publisher The Staff,
Year Published 1982
Report Number 2300482001 ; EPA 230-04-82-001 ; EPA-68-01-5845
Stock Number PB82-221854
OCLC Number 42947302
Subjects Pollution control industry--United States ; Air quality management--Government policy--United States ; Air quality management--Economic aspects--United States ; Air--Pollution--Law and legislation--United States
Additional Subjects Air pollution ; Regulations ; Industrial plants ; Abatement ; Cost engineering ; Industrial wastes ; State government ; Emission reduction credits
Internet Access
Description Access URL
Local Library Info
Library Local Subject Local Note
EJE Emission reduction credit
Library Call Number Additional Info Location Last
EJED  EPA 230-04-82-001 OCSPP Chemical Library/Washington,DC 12/17/1999
NTIS  PB82-221854 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 19 p. ; 28 cm.
Abstract Emissions Trading, under the Clean Air Act, includes bubbles, netting, emission offsets, emission reduction banking, and is the subject of an EPA proposed Policy Statement (47 Fed. Reg. 15076, Apr. 7, 1982). These alternatives involve the creation of surplus reductions at certain stacks or vents and use of these reductions to meet requirements applicable to other emission sources. Emissions trades can provide more flexibility, and may therefore be used to reduce control costs, encourage faster compliance and free scarce capital for industrial revitalization. Where private parties have banked surplus emission reductions for future use or sale, states may determine that a portion of these reductions is required for clean air purposes. This paper provides legal analysis of the Constitutional issue of whether by 'taking' all or part of a person's banked emission reduction credits a state becomes liable to compensate that person. The paper concludes that the state would not be liable in this circumstance, particularly if the state had set out in advance, in its banking rule, the circumstances that could give rise to such a taking and the way it would be done.
Notes "PART I: The "Taking" issue--is compensation required if a state or local government confiscates or reduces the quantity of banked ERCs?" "May 1982." "Report number: EPA 230-04-82-001."
Place Published Washington, DC :
Supplementary Notes See also PB81-214249 and PB81-235046.
Corporate Au Added Ent ICF, Incorporated. ; United States. Environmental Protection Agency. Regulatory Reform Staff.
PUB Date Free Form 1982.
Ti Tra Differently "Taking" issue--is compensation required if a state or local government confiscates or reduces the quantity of banked ERCs?
NTIS Prices PC A02/MF A01
BIB Level m
Cataloging Source OCLC/T
OCLC Time Stamp 19991207130931
Language eng
Origin OCLC
OCLC Rec Leader 01399nam 2200301Ka 45010