Research On The Legality Of "Bubble Policy" For Air Pollution Regulation In The 1980s

"Bubble" is one of the earliest emission trading concept in the emission trading concept in the environmental regulations of the United States of America.In early1970 s,when the Environmental Protection Agency(EPA)started carrying out the related content in the Clean Air Act Amendment,some executive officer start thinking about the superiority of "bubble concept" in a series of regulation mechanism stipulated by that amendment.A variety of environmental political actors had an endless discussion between economic interest and environmental interest on the legality of "bubble policy".In such discussion,the case named "Chevron U.S.A.Inc.v.Natural Resources Defense Council,Inc." was the first case involved "bubble policy" of air quality regulation that appealed to the Supreme Court.The occurrence of this case not only means marketable environmental regulative method of "balance capacity" and "offset" entered the historical arena for the first time,but also initiated contradictory situation that still exist nowadays: industries strive to shrink the regulation scope of the Clean Act Amendment by evading new examination mechanism of pollution,while environmentalists expect to enlarge the range of application of that mechanism by all sorts of endeavor.This dissertation centre in some judicial cases decided in federal courts that closely related with the controversy of the legality of "bubble policy" by deriving the trial process of the Federal District Appeal Court and the Supreme Court,and try to excavate the complex reasons of the establishment of legal status of "bubble policy"deeply,in the macro-background of "Environmental Decade".When there was conflict between benefit and environmental benefit,American realized the fusion and unity between them in relatively perfect way.This dissertation is divided into three section: introduction,text and epilogue.The section of introduction: some definitions of the concepts of environmental terminology cited in the "bubble policy" and "The Chevron Case" are introduced.In addition,this section involve overseas and domestic research status of related issue.Moreover,it confirms research emphasis and introduces research methods.The first part of main text mainly discuss the legal application standard andpreliminary definition of "bubble concept" by Federal District Appeal Courts by retrospective of historical process of "bubble policy".The second part of main text analyzes the legality controversy arisen by the enactment of "bubble policy".It reveals the legal basis of the ultimate confirmation of the legal status of "bubble policy" by the Supreme Court by interpretation of original legal documents.The third part of main text excavate the macro-background and complex causes of ultimate confirmation of "bubble policy"`s legality in three aspects: historical origins,realistic motives and direct impetuses.The epilogue concludes the enlightenments that "bubble policy" bring us in counterweighing the relationship between economic development and environmental protection on the basis of summarizing the whole dissertation.