Legal Measures Relating to Air Quality Control : Comparative Study Between United States And Thailand

Abstract

          The United States is one of the countries that have established explicit goals and measures to ensure air quality remains at levels that do not jeopardize public health. This commitment is enforced through a dedicated agency, specific legislation known as the Clean Air Act, and various comprehensive legal measurements such as the National Ambient Air Quality Standards (NAAQS), and National Emission Standards for Hazardous Air Pollutants (NESHAPs). Meanwhile, Thailand is grappling with air pollution problems, especially the issue of Particulate Matter (PM_2.5) levels in the atmosphere exceeding safety standards. When studying and comparing the management of air quality problems in the United States, it can be seen that although Thailand does not yet have a parliamentary legislation to specifically address such issues, there are some legal measures that can be improved. In addition to the executive branch playing an important role in improving air quality, the judicial branch, including the Administrative Court, also has an important role in pushing for better air quality in Thailand. This article, therefore, presents an overview of the Clean Air Act and legal measurements in the United States for comparison with the laws and legal measures related to air quality control in Thailand, and to serve as a guideline for addressing the ongoing issue of Particulate Matter (PM_2.5) levels in the atmosphere exceeding safety standards, which Thailand consistently struggles. This article also summarizes the Chiang Mai Administrative Court judgment No. E. 1/2021, which is an example of a ruling related to government agencies’ performance of duties in addressing these issues.