The Clean Air Act and Scenic Landscapes

John Copeland NagleJohn N. Matthews Professor, Notre Dame Law SchoolNorth Dakota Law Review Energy Law

SymposiumNovember 3, 2011

How does environmental law determine the natural environment in which we live?Which areas do we seek to

preserve, and which do we seek to develop?

How much pollution do we prohibit, and how much do we tolerate?

Five stories of how the law and the natural environment are engaged in a dynamic processAdak IslandColton, CaliforniaThe badlands of North

DakotaThe Susquehanna RiverAlamogordo, New Mexico

Law’s Environment

Theodore Roosevelt National Park

Heaven or Hell?

“It is scenic in every sense of the word . . . . it is a whole lot more picturesque than that Jackson Hole” – William Lemke

“The area to be established by this bill as the Theodore Roosevelt National Park does not possess those outstanding natural features or scenic qualities that would justify its establishment as a national park”

Prevention of significant deterioration

Regional haze

Selective Catalytic Reduction (SCR) technology

The importance of visibility at national parks

Who decides?

The law of unintended consequences

Thanks & questions