Reading Room Document

State Jurisdiction to Regulate Pollutant Emissions

The document discusses the jurisdiction of the State of California to regulate pollutant emissions from oil tankers using a proposed terminal at Long Beach, California. The conclusion reached is that California would have some authority to prescribe and enforce air pollution controls for tankers operating within the South Coast Air Basin, but the validity of specific requirements would depend on factors such as feasibility, practical consequences, and action taken by the U.S. Environmental Protection Agency (EPA). The document also presents questions regarding the preemption of the Clean Air Act, the Ports and Waterways Safety Act, the burden on commerce, foreign relations, and the authority to regulate operations outside the 3-mile limit. These questions are presented for review in the context of the proposed oil tanker terminal and its potential impact on air quality and environmental regulations.

June 10, 1977