Implementation of the Clean Air Act Amendments of 1990 Hearing Before the Comm

Cover Implementation of the Clean Air Act Amendments of 1990 Hearing Before the Comm
Implementation of the Clean Air Act Amendments of 1990 Hearing Before the Comm
United States Congress Senate Committee On Envi
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Ms. Katzen. The considerations that go into it are those that jus- tify centralized review. An issue would be sifnificant where an action taken or proposed by one agency may adversely affect the actions taken or proposed by another agency. Coordination among the agencies is one of the functions of centralized review. Signifi- cance includes some sense of importance, impact, the kinds of mat- ters that have wide-ranging or enormous dollar effects. When we are talking about a rule that may impose... billions of dollars of cost, that sounds significant. As a lawyer, the last refuge of scoundrels— not that all lawyers are scoundrels or all scoundrels are lawyers — is what the Supreme Court has good. Justice Potter Stewart speak- ing on the defintion of pornography said "I know it when I see it. The same may be true of sefnificant regulations: we may not define them precisely, but we will know them when we see them. We did some test cases on this. We talked with a couple of the agencies, not EPA in this instance, and we had a couple of different regula- tions, and we asked "Do you consider this significant?" There was a group of people sitting around the table, and all the heads went 29 in the same direction — whether it was up and down or side to side.

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