U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— PROGRAMS AND ACTIVITIES › Part Part A— Air Quality and Emission Limitations

42 U.S.C. § 7402

Cooperative activities

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(a) Interstate cooperation; uniform State laws; State compacts

The Administrator shall encourage cooperative activities by the States and local governments for the prevention and control of air pollution; encourage the enactment of improved and, so far as practicable in the light of varying conditions and needs, uniform State and local laws relating to the prevention and control of air pollution; and encourage the making of agreements and compacts between States for the prevention and control of air pollution.

(b) Federal cooperation

The Administrator shall cooperate with and encourage cooperative activities by all Federal departments and agencies having functions relating to the prevention and control of air pollution, so as to assure the utilization in the Federal air pollution control program of all appropriate and available facilities and resources within the Federal Government.

(c) Consent of Congress to compacts

The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of air pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by Congress. It is the intent of Congress that no agreement or compact entered into between States after November 21, 1967, which relates to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) in such air quality control region.

(July 14, 1955, ch. 360, title I, § 102, formerly § 2, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 393; renumbered § 102, Pub. L. 89–272, title I, § 101(3), Oct. 20, 1965, 79 Stat. 992; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 485; Pub. L. 91–604, § 15(c)(2), Dec. 31, 1970, 84 Stat. 1713.)Editorial NotesCodification

Section was formerly classified to section 1857a of this title.

Prior Provisions

Provisions similar to those in the first clause of subsec. (a) of this section were contained in subsec. (b)(1) of a prior section 1857a, of this title, act July 14, 1955, ch. 360, § 2, 69 Stat. 322, prior to the general amendment of this chapter by Pub. L. 88–206.

Amendments

1970—Subsecs. (a), (b). Pub. L. 91–604 substituted “Administrator” for “Secretary” wherever appearing.

1967—Subsec. (c). Pub. L. 90–148 inserted declaration that it is the intent of Congress that no agreement or compact entered into between States after the date of enactment of the Air Quality Act of 1967, which for purposes of codification was changed to November 21, 1967, the date of approval of such Act, relating to the control and abatement of air pollution in an air quality control region, shall provide for participation by a State which is not included (in whole or in part) in such air quality control region.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1980–2025 · leading case: Pers. Watercraft Coalition v. Marin Cnty. Bd. of Supervisors, 100 Cal. App. 4th 129 (Cal. Ct. App. 2002).
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Pers. Watercraft Coalition v. Marin Cnty. Bd. of Supervisors, 100 Cal. App. 4th 129 (Cal. Ct. App. 2002). “(See 42 U.S.C. §§ 7402 (a), 7408(f).) The Clean Air Act has been interpreted to permit local adoption of “in-use regulations” even when such measures “are expressly intended to control emissions.”
New York v. Niagara Mohawk Power Corp., 263 F. Supp. 2d 650 (W.D.N.Y. 2003). “, 42 U.S.C. § 7402 . Under the Act, the United States Environmental Protection Agency is charged with establishing primary and secondary national ambient air quality standards for particular air pollutants.”
Mountain States Legal Found. v. Douglas M. Costle ex rel. J. D. MacFarlane Petitioner-Intervenor, 630 F.2d 754 (10th Cir. 1980). “” 42 U.S.C. § 7402 (b) and (a). “Each State shall have the primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national primary and…”
Ctr. for Biological Diversity v. United States Env't Prot. Agency, 274 F.R.D. 305 (D.D.C. 2011). “” Upon consideration of the motions, the oppositions thereto, and the record of this ease, the Court concludes that both motions should be denied.”
People ex rel. Madigan v. PSI Energy, Inc., 847 N.E.2d 514 (Ill. App. Ct. 5th Dist. 2006). “§ 7402 (a) (2000) (mandating that USEPA “shall *** encourage the enactment of improved and *** uniform State and local laws relating to the prevention and control of air pollution[ ] and encourage the making of agreements and compacts between States for the prevention and…”
United States v. State of California, 444 F. Supp. 3d 1181 (E.D. Cal. 2020). “18 42 U.S.C. § 7402 (c). The United States argues that under the 19 canon of expressio unius est exclusio alterius, the court must 20 infer that the express reference to agreements between states 21 serves to preclude agreements between states and foreign powers.”
Muhammad v. Tennessee Valley Auth., No. 3:23-cv-00460 (E.D. Tenn. Oct. 4, 2024). “§ 1983 ; the Clean Air Act, (“CAA”), 42 U.S.C. § 7402 et seq.; the Clean Water Act, (“CWA”), 33 U.”
Ctr. Biological v. Dept Pub. Health, No. 23CA2143 (Colo. Ct. App. May 22, 2025). “2020); 42 U.S.C. § 7402 . One of the CAA’s primary goals is “to protect and enhance the quality of the [n]ation’s air resources so as to promote the public health and welfare.”
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