“Tall Stack” Control Strategy Is Not Acceptable Control Strategy Until All Available Emission Limitation Techniques Have Been Employed



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Texas Tech Law Review


Covers two main issues: 1) The Georgia Air Quality Act and its provision empowering the Department of Public Health of Georgia to grant variances from the effective date of air quality controls requirements and 2) the validity of the “tall stack” control strategy provided in Georgia implementation plan. The author disagrees with the Georgia plan because state governments would be under continuous pressure from special interest groups to grant variances. The author suggests that by prohibiting tall stacks the court enhances both aspects of the policy.



Tall stacks, Georgia Air Quality Act, Air quality controls, Natural Resources Defense Council, Inc. v. Environmental Protection Agency, Case note


6 Tex. Tech L. Rev. 640