Environmental Law Issues in the Development of Energy Resources
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This article discusses how Congress, states, administrative agencies, and courts address the legal and environmental issues brought about by the development and regulation of energy resources such as oil, gas, coal, and nuclear energy. Because every energy resource affects the environment in some way, Congress attempts to control and regulate the negative environmental impact of these energy resources. The article discusses the creation of federal agencies to address the impact energy resources have on the environment and the ways that these agencies work with the states in order to implement and enforce regulations. The article explains that courts must step in and provide interpretation of the statutes when disagreements arise between the states, agencies, and environmental groups. The article examines the interaction between federal agencies, state governments, and the courts in the regulation, implementation, and interpretation of the major legislative acts that regulate the impact of energy resources on the environment. The article addresses the legal issues that have developed as a result of federal agency administration of the Clean Air Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969. The article discusses several important judicial decisions to examine the powers and limitations administrative agencies have in setting environmental pollution standards and enforcing those standards.