William H. Rodgers, Jr., The National Industrial Pollution Control Council: Advise or Collude?, 13 B.C. Indus. & Com. L. Rev. 719 (1972), https://digitalcommons.law.uw.edu/faculty-articles/274
Boston College Industrial and Commercial Law Review
advisory committees, National Industrial Pollution Control Council
This article analyzes three aspects of the National Industrial Pollution Countrol Coucil's performance: (1) the promise and risks it has presented; (2) its procedural performance, as tested by governing law; and (3) its accomplishments, both on the record and sub rosa, as measured by the expectations. In brief, NIPCC is portrayed as a dangerously anticompetitive institution occasionally doing business in violation of the law. The Council has published both public relations material and some useful data, but it has served more importantly as a lobbying forum for industries chafing under the regulatory bit. The experience of NIPCC forms the basis for section (4) of this article, which offers recommendations designed to make more responsive that potent fourth branch of government—the advisory committee. It is submitted that the emergence of the advisory committee from the shadows of the administrative process is long overdue.