Research On The Public Health Priority Principles Of Air Pollution Control In The United States

This thesis concerns and offers great insight into the principle of public health primacy of the air pollution governance in the United States.It deeply analyzes the principle of public health primacy from the static interpretation of legal provisions to the dynamic investigation of judicial practice,from the formation of the principle to the specific application and guarantee mechanism etc.,in order to gain useful enlightenment for China from the successful experience of the air pollution governance in the United States.To be more specific,this thesis,except the first chapter as introduction and the last part as conclusion,is divided into five parts as follows:The second chapter,based on clarifying the relationship between air pollution and public health,analyzes the change of public health from the object of concern to the purpose of importance,then,to a central purpose and basic principle in American air pollution governance.In the comparison of air pollution governance between China and the United States both before and now,it has been found that although the air pollution governance in China has been transformed from the protection of personal health to the protection of public health,if we want to achieve the successful governance effect like the United States,it will inevitably be to give primacy to the advancement of the protection of public health promotion.The third chapter traces back to the source of law sustaining the formation of the principle of public health primacy of the air pollution governance in the United States.Firstly,it elucidates the background of its formation.Secondly,it combs the principle of origin of statute law from the pre-1970s law to National Environmental Policy Act and Clean Air Act.Finally,through the analysis of a series of cases from the district court to the Supreme Court after the formation of the principle in the Clean Air Act of 1970,it combs the principle of the origin of case law.The central issue of the fourth chapter is about the specific application of the principle of public health primacy of the air pollution governance in the United States.Firstly,the governmental responsibility for air pollution governance under the principle of public health primacy requires the government to provide clean air to protect public health.Secondly,air quality standards system under the principle of public health primacy requires Environmental Protection Agency establishes one-body,two-wing National Air Standards system.Thirdly,through the case of Union Electric Co.v.EPA of 1976,it concludes that public health is prior to the consideration of economic cost and technological feasibility.The fifth chapter focuses on the guarantee mechanism of the principle of public health primacy of the air pollution governance in United States.Firstly,its foundation is public health-based National Ambient Air Standards.Secondly,its pillar is public health-pursuit State Implementation Plans.Thirdly,its support is public health-consideration Citizen Suits.Fourthly,its prop is public health-goal punitive measure.This chapter closely discusses what guarantee mechanism can provide the principle of pub lic health primacy of the air pollution governance in United States,Based on the previous analyses,the sixth chapter centralizes the principle of public health through the change of basic ideas and improvement of legal system,and draws significant lessons from the air pollution governance in the United States in order to provide some guidance to the air pollution governance in China.