Environmental regulation underdetermines agency standard-setting because ambient pollution science is inherently complex.

Evidence

National ambient air quality standards for particulate matter under the federal Clean Air Act, for instance, have to take into account not just one source of particulate matter, but all possible sources, both regulated and unregulated, natural and manmade. There are many types of pollutants that contribute to the presence of particulate matter in the atmosphere, and their respective contributions are highly dependent on the occurrence of chemical reactions between various chemical compounds in the atmosphere. Wind, temperature, and atmospheric pressure are accordingly relevant. Moreover, the adverse impact of particulate matter on human health depends on the size of the particle and the duration of the exposure. That impact, of course, varies considerably among persons with different susceptibilities rooted in personal physical and biologic differences, as well as lifestyle differences. The challenge for a government agency responsible for promulgating a national ambient air quality standard for particulate matter is to choose a legal standard that sensibly accounts for all these variables without being overwhelmed by the associated scientific complexity. — Richard J. Lazarus, The Making of Environmental Law, 97

Categorization

• XREF: Concrete illustration of ecological complexity the environmental-law course needs — links complex-system science to regulatory standard design. — connects to: Environmental standard-setting is institutionally unsuited to the legislative arena — Richard J. Lazarus, The Making of Environmental Law, 838
• recurring: this claim recurs 2 times within its source

Broader Connections

• Environmental standard-setting is institutionally unsuited to the legislative arena #qualifies (0.75) — Richard J. Lazarus, The Making of Environmental Law, 838