California Western School of Law

Scott, Kimberley F.

English

Driving  Under the Influence in California: Mercer v. Department of Motor Vehicles

Library, California Western

California Western Law Review 
Volume 28 Number 1 Article 15 
1991 
Books Received 
California Western Library 
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Recommended Citation 
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Article 15. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol28/iss1/15 
This Prefatory Matter is brought to you for free and open access by CWSL Scholarly Commons. It has been 
accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For 
more information, please contact alm@cwsl.edu. 
BOOKS RECEIVED
BASIC LEGAL FORMS wi- COMMENTARY. By Marvin Hyman. New York:
Warren, Gorham & Lamont, Inc., 1991. $96.00.
CRIMINAL EVIDENCE. John C. Klotter. Cincinnati, Ohio: Anderson
Publishing Co., 1992. Pp. 752. $34.95.
FEDERAL ESTATE AND GIFT TAXES EXPLAINED. By CCH Tax Law Editors.
Chicago, Illinois: Commerce Clearing House, Inc., 1991. Pp. 464.
$21.50.
FEDERAL JUSTICE IN CALIFORNIA, THE COURT OF OGDEN HOFFMAN,
1851-1891. By Christian G. Fritz. Lincoln, Nebraska: University of
Nebraska Press, 1991. No price given.
1991 SocIAL SECURrrY EXPLAINED. By CCH Editorial Staff. Cincinnati,
Ohio: Commerce Clearing House, Inc., 1991. Pp. 246. $12.00.
SPECIAL TOPICS IN POLICING. By Harry W. More. Cincinnati, Ohio:
Anderson Publishing Co., 1992. Pp. 268. $22.95.
WHAT WORKS IN POLICING? OPERATIONS AND ADMINISTRATION
EXAMINED. Edited by Gary W. Cordner and Donna C. Hale. Cincinnati,
Ohio: Anderson Publishing Co., 1992. Pp. 198. $16.95.
1
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Published by CWSL Scholarly Commons, 1991
2California Western Law Review, Vol. 28 [1991], No. 1, Art. 15
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Books Received

van Schilfgaarde, Elizabeth

Negligence Under the Netherlands Civil Code -- An Economic Analysis

Turack,, Daniel C., Reviewer

BOOK REVIEW
CARIBBEAN PERSPECTIVES ON INTERNATIONAL LAW AND ORGANIZATIONS.
B.G. Ramcharan and L.B. Francis, eds. Dordrecht, Boston & London:
Martinus Nijhoff Publishers. 1989. Pp. viii, 468. $125.00.
Reviewed by Daniel C. Turack"
My interest in this book was piqued by the stimulating title, Caribbean
Perspectives on International Law and Organizations, as it conjured up what I
thought would be the Caribbean counterpart to Canadian Perspectives on
International Law and Organization.' Canadian Perspectives is in a sense a
Canadian digest of international law which can be described as a Canadian
similitude to Parry's British Digest of International Law2 or Whiteman's
[American] Digest of International Law,3 or other compilations of State practice
in these fields. However, in fairness, each of the aforementioned works relate
to a specific country and not to countries in a geographical region.
The Caribbean region may be said to be comprised of small and micro-States
or countries. This book concerns two intergovernmental international
organizations prevalent in this area: the Caribbean Community ("CARICOM"),
and the Organization of Eastern Caribbean States ("OECS"), which flourish and
contribute to the well-being of their own membership and to the international
community as a whole through international cooperation. Caribbean Perspectives
on International Law and Organizations is an anthology of essays written by
international legal scholars, former and present international civil servants,
consultants on various international law and international organizational topics,
a jurist, and those engaged in interdisciplinary endeavors. The writers have tried
to articulate, evaluate and criticize contributions by the CARICOM and the
OECS on a series of topics, and also tried to focus on how certain areas of
international law have been received and constructively applied in this region.
The book contains eighteen essays. Dr. Ramcharan initiates the reader
through a wide-ranging exposure to a multitude of subjects brought together
under four distinctive themes: (1) world order perspectives; (2) super-power
rivalry; (3) hemispheric relations and geopolitical imperatives; and (4) residual
regional questions. I found that he was altogether too brief, although very much
to the point. Professor A.R. Carnegie examines how small States fit into the
international legal system, and how they are affected by some of the substantive
rules of international law. He identifies contentious issues and rules of State
* Professor of Law, Capital University School of Law. B.A., Toronto, 1957; LL.B., Osgoode
Hall, 1960; LL.M., Michigan, 1961; SJ.D., Michigan, 1969.
1. CANADIAN PERSPECTIVES ON INTERNATIONAL LAW AND ORGANIZATION (R. St. J. Macdonald,
G.L Morris & D.M. Johnston, eds. 1974).
2. BRMSH DiGEsr OF INTERNATIONAL LAw (C. Parry ed. 1967).
3. DIGEST OF INTERNATIONAL LAW (M. Whiteman ed. 1963).
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424 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL [Vol. 21
responsibility, diplomatic protection, permanent sovereignty over natural
resources, expropriation of property, the territorial sea, continental shelf, and
flags of convenience as tending to act as disuasives to small States. Lloyd
Searwar contributes two essays. In the first, he outlines how the CARICOM
States have enhanced their internal and collective security. He considers how
they have diminished their vulnerabilities from environmental threats, pressures
within the international economic system, international threats, coordination of
foreign policies (e.g., marine boundaries), and susceptibility to natural disasters.
In the second essay, Mr. Searwar looks at whether non-alignment practices can
be made operational as an instrument for promoting regional cooperation. He
specifically looks at Guyana's options concerning non-alignment. Examples
embody preoccupation with global political issues and the few tentative steps
that have been taken towards regional cooperation at the foreign policy and
economic levels. Three appendices contain not easily found relevant resolutions
of the non-aligned movement: the zone of peace, economic security and
collective action, and guidelines on the reinforcement of collective self-reliance
between developing countries.
The co-editor, L.B. Francis, provides an excellent retrospective on the
Commonwealth Caribbean States' process of decolonization from the United
Kingdom with respect to succession to treaties and the influence that these
Caribbean forerunners are likely to have when other Caribbean territories seek
independence. Patrick L. Robinson's essay deals with the United Nations
Convention on the Law of the Sea, specifically addressing the question of
common ownership of the extraterritorial resources of the sea. His approach is
both historical and critical. In tracing the negotiations, he argues that the areas
outside national jurisdiction were based on ideological and developmental lines,
while those areas within national jurisdiction were free of such factors.
Carl W. Dundas provides two comprehensive essays to this volume. In the
first, there is an excellent in-depth presentation on the maritime boundary
delimitation problems that exist in the Caribbean Sea. Mr. Dundas' discourse
takes into account the factors of archipelagic status, proximity of littoral States,
the presence of small islands, islets, rocks, cays, sandbanks and other geographic
features, the presence of dependent territories, and natural resources potential.
His review of a number of bilateral boundary agreements culminates in a series
of proposals and strategies for negotiating further agreements. Under the title
"The Law of the Caribbean Community," Mr. Dundas presents an insider's
detailed analysis of the CARICOM Treaty, the juridical nature of the organiza-
tion from an international viewpoint, its law-making capacity, organs, institu-
tions, functions, powers, and contribution to the integration movement. His
thorough coverage provides confidence in the way that the Community's legal
machinery actually works.
I place three essays into the category of tangential interest to the main
intentions of the editors. Desmond Peart writes on the "Caribbean Community
States and the GATT," in which he explains how GATT operates, its impact on
developing countries, and their shortcomings in fully exploiting participation in
the GATT system. Professor Cecil R. Dipchand addresses some of the problems
2
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BOOK REVIEW
of the "Caribbean States and the International Financial System" via the
barometer of whether the welfare of the people in each State improved since
independence. In nine pages of text, I found the discussion to be cursory at
most. Finally, B.T.I. Pollard effectively elucidates the issues central to
"Copyright Protection in the Caribbean Community." His insightful essay
reviews copyright legislation in CARICOM States and prescribes that the
governments need to support establishment of organizations that will be
responsible for the collective administration of copyright, thus requiring the
services of persons with special qualifications.
A significant contribution is made by Professor Nicholas Liverpool in his
appraisal of "Law as a Harmonizing Instrument in the Integration Process in the
Caribbean Community." Coverage in this essay is much wider than the title
suggests. Success has been achieved only in relation to company law so that the
process has faltered. If the harmonization process is to bring further results, his
plausible suggestions should command serious attention in the institutional
framework of CARICOM. There is the absence of an independent supranational
decision-making body and the absence of a court of justice with competence to
settle disputes concerning the Community Treaty, its application, and its
interpretation. His agenda for further developments is appropriate.
Judge S.Y. Mohamed's pinched sketch of "The Nature of Fundamental Rights
and Freedoms in the Caribbean Community" is too condensed to be meaningful.
By contrast, in a carefully conceived, well-researched analysis of constitutional
protection, statutes and case law, Dr. Francis Alexis presents a scholarly insight
into "Human Rights Adjudication in the Caribbean Community." Given the
political crises that have arisen in some Caribbean States in recent years, his
reflection on situations in which the executive may or may not invoke emergency
measures at the expense of personal liberty demonstrates the complex balance
between protection of human rights and executive necessity.
Five of the essays really fit into their own related niche. Dr. Kenneth 0. Hall
and Dr. Yvonne P. Hall effectively collaborate in a concise but discerning
reflection on the absence of management in CARICOM's external economic
relations. Their essay discusses the rationale for management, the CARICOM
record of activity, and suggests recommendations for improving upon the current
impasse. The subject of the OECS is looked at from an economic-sociological
perspective by Professor Patrick A.M. Emmanuel and from a legal position by
Professor P.K Menon in separate essays. The thrust of the economic-sociologic
perspective explores the degrees of "community" operations amongst the Member
States of the OECS and assesses the extent of sub-regional integration that is
feasible. On the other hand, the legal perspective reviews the organizational
structure, purposes, functions, institutions, privileges and immunities, and
procedure for settlement of disputes of the OECS. Traditional adherence of
these Caribbean countries to the rule of law is an asset when considering the
degree of this community's potential. Coherence of sub-regionalism hinges on
the cohesion of its individual societies. Continued political and economic
integration is shown to be dependent on the goodwill of the participating States.
In a brief sketch of historical developments since 1940, Val T. McComie outlines
1991]
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426 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL [Vol. 21
the "Legal Contribution of the Caribbean to the Inter-American System." Here,
one finds the impact of respect for the law, human rights, democratic principles,
and equality of States. The final essay by Lloyd Searwar on non-alignment,
already referred to, complements this group of essays.
The quality of these essays is variable. Some reflect detailed research and
critical in-depth analysis, while others are written to merely impart information
with slim effort at inquiry. In my view, the editors could have been more adept
at their editorial task. Footnotes appear at the bottom of the page in some
essays and as endnotes in other essays. Occasionally, there are only major
references at the end of the essay which leaves the impression that they were
added as an afterthought. (Infrequently, words are missing from sentences or
other typographical errors appear, e.g., pp. 75, 214, 402.) There is an index and
select bibliography.
Although a few of the essays have been published elsewhere, in the main, their
availability is limited. There is generally a paucity of legal literature on
international law as it pertains to CARICOM and OECS. Anyone who engages
in research in these areas knows of the difficulty in gathering primary source
materials. Despite my few reservations, this volume is a valuable addition to the
international lawyer's understanding of the Caribbean world of international law.
4
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BOOK REVIEW: Caribbean Perspectives on International Law and Organizations, edited by B.G. Ramcharan and L.B. Francis

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 22 1991-1992 NUMBER 1
TABLE OF CONTENTS
ARTICLES
Lomd IV and ACP/EEC Relations: Surviving the Lost Decade
Douglas E. Matthews .................................. 1
Compensation for Civilians Harmed in the Pursuit of Foreign
Policy Goals: Recent Litigation in U.S. Courts
Mark Gibney .......................................... 59
SCHOLARLY OPINIONS
Presidential Undeclared Warmaking and Functionalist Theory:
Dellums v. Bush and Operations Desert Shield and Desert Storm
George Steven Swan .................................. 75
Toward Prosecution of Iraqi Crimes Under International Law:
Jurisprudential Foundations and Jurisdictional Choices
Louis Ren Beres ................................... 127
Japan's Attempt at Internationalization and its Lack of Sensitivity
to Minority Issues
Paul Lansing and Tamra Domeyer ......................... 135
COMMENT
Criminal Environmental Law: Stopping the Flow of Hazardous Waste to Mexico
Adam L. Moskowitz ................................. 159
BOOK REVIEW
Constitutional Confrontation in Hong Kong - Issues and
Implications of the Basic Law
Reviewed by Frankie Fook-Lun Leung ...................... 187
BOOKS RECEIVED ...... .................................... 191
Cite as 22 Cal. W. Int'l L.J. _ (1991)
©1991 California Western School of Law
1
International Law Journal: Table of Contents
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2California Western International Law Journal, Vol. 22, No. 1 [1991], Art. 1
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Lareau, Thomas J.

Environmental and Energy Policy Implications for Reformulated Gasoline and Alternative Fuels

Law Review, California Western

California Western Law Review 
Volume 27 
Number 2 A Focus on Justice Brennan Article 1 
1991 
Table of Contents 
California Western Law Review 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Law Review, California Western (1991) "Table of Contents," California Western Law Review: Vol. 27 : No. 2 
, Article 1. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol27/iss2/1 
This Prefatory Matter is brought to you for free and open access by CWSL Scholarly Commons. It has been 
accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For 
more information, please contact alm@cwsl.edu. 
CALIFORNIA WESTERN LAW REVIEW
VOLUME 27 1990-1991 NUMBER 2
TABLE OF CONTENTS
A FOCUS ON JUSTICE BRENNAN
Introduction: GETIING TO THE ROOT OF BRENNAN'S JUSTICE
Frank Asldn ............................................ 233
ARTICLES
"DEATH STANDS CONDEMNED:" JUSTICE BRENNAN AND THE DEATH PENALTY
Jeffrey J. Pokorak ......................................... 239
ON THE ROAD OF GOOD INTENTIONS: JUSTICE BRENNAN AND THE
RELIGION CLAUSES
M ichael Ar'ens .......................................... 311
JUSTICE BRENNAN AND CULTURAL HISTORY:
NEW YoRK TMES V SULLIVAN AND Im TIMEs
Kermit L. Hall ........................................... 339
OPINION OF A SCHOLAR
THE FUTURE OF THE JUDICIARY: A PROPOSAL
J. Clifford Wallace ........................................ 361
NOTE
AN ANALYSIS OF PROPOSED REGULATIONS ON
DELAYED SECTION 1031 EXCHANGES
Joseph Robinson ......................................... 367
COMMENTS
STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION:
AN ANALYSIS OF THE SOLUTIONS
Victor J. Cosentino ........................................ 399
THE ROAD LESS TRAVELED IS THE BETER WAY: NEW ROUTES TO
THE RIGHT TO JURY TRIAL IN ERISA SECTION 502(a)(1)(B) ACTIONS
Ann Bersi .............................................. 431
BOOKS RECEIVED ....................................... 465
copyright 1991 California Western School of Law
Cite as 27 CAL. W.L. REv. _ (1991)
1
Law Review: Table of Contents
Published by CWSL Scholarly Commons, 1990
2California Western Law Review, Vol. 27 [1990], No. 2, Art. 1
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Altomare, John

Stemming the Flow: The Role of International Environmental Law in Seeking a Solution to the Sewage Treatment Crisis at the Tijuana-San Diego Border Region

Bradley, Michael

California Western Law Review 
Volume 28 Number 1 Article 5 
1991 
Addressing the Environmental Needs of the Northeast: A Look at 
the Future Alternative Fuels 
Michael Bradley 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Bradley, Michael (1991) "Addressing the Environmental Needs of the Northeast: A Look at the Future 
Alternative Fuels," California Western Law Review: Vol. 28 : No. 1 , Article 5. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol28/iss1/5 
This Article is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for 
inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more 
information, please contact alm@cwsl.edu. 
ADDRESSING THE ENVIRONMENTAL NEEDS OF THE NORTH-
EAST: A LOOK AT THE FUTURE ALTERNATIVE FUELS
MICHAEL BRADLEY*
The purpose of this article is to place alternative fuels into their historical
context, at least for the northeastern area of the country, and to provide an
idea of what NESCAUM1 predicts for the likely future penetration of
various fuels in the Northeast.
The Northeast is faced with severe air quality problems which include
summertime smog, wintertime carbon monoxide exposures in cities, fine
particulates along many of the transportation corridors, and various air toxics
exposures. The regional ozone, or smog, problem is probably the most
onerous for the states to address. The regional area involved encompasses
the entire Northeast corridor which is one long stretch of urban-suburban
sprawl from the Washington, D.C. metropolitan area all the way north
through Portland, Maine.
The Northeast's most severe air quality ozone season in many years
occurred in 1988.2 The atmospheric transport of ozone precursor emissions
and ozone occurred on a frequent basis and episodes persisted for several
days at a time. The transport was so dramatic that levels well above the
ozone standard were measured as far north as Acadia National Park, which
is close to the Canadian border on the coast of Maine. These levels above
the ozone standard occurred in the early hours of the morning (1:00 a.m.)
and were not just slightly above the standard, but rather 80% to 90% above
the standard?
Given such dramatic ozone levels, it is clear that we have quite a problem
before us. Motor vehicle emissions are a major component of the problem.
Motor vehicles emit hydrocarbons which comprise approximately 50% to
65% of the states' hydrocarbon inventory in the northeast.4 They also emit
nitrogen oxides (NO) and are responsible for between 45% and 55% of the
NO, inventories in those states.5 It is these two pollutants that combine in
sunlight to form smog. NESCAUM believes that to effectively reduce motor
vehicle emissions, a combination of four vehicle emission control strategies
* Director, Northeast States for Coordinated Air Use Management (NESCAUM).
1. The Northeast States for Coordinated Air Use Management (NESCAUM), is an
organization of eight state air quality agencies founded in 1967 by the governors of New
York, New Jersey, and the six New England states. The NESCAUM board is composed of
the lead air quality management official from each of the states. Their major concern is
protecting public health.
2. U.S. EPA Air Quality Trends Report 1987-1990.
3. U.S. EPA, AIRS Database 1989.
4. Northeast State Emission Inventories 1988-1990.
5. Id.
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Bradley: Addressing the Environmental Needs of the Northeast: A Look at th
Published by CWSL Scholarly Commons, 1991
CALIFORNIA WESTERN LAW REVIEW
must be pursued.
First, we need cars that produce little to no pollutants. Second, we need
to make cleaner fuels available for those vehicles. Third, there must be
effective vehicle inspection programs that identify high emitting vehicles and
ensure that these vehicles are repaired and maintained.' Fourth, we need to
implement innovative programs which will effectively limit, or control, the
increase in vehicle usage. This article addresses the first two strategies.
I. USE OF POLLUTION REDUCING VEHICLES
The Clean Air Act explicitly mandates that the Environmental Protection
Agency (EPA) manage and implement a motor vehicle control program.7
This mandate covers every state except California which has the option to
administer its own program! The Clean Air Act Amendments (CAAA)
provide other states with the option to opt into the California program. In
the Northeast there are several states that are actively pursuing that option.
A. The California Program
The California program is complex and comprehensive. Essentially, the
program mandates continually lower vehicle emissions for hydrocarbons on
an annual basis during the late 1990s and early 21st century. The auto
industry has the flexibility to certify vehicles at different levels. But in terms
of their statewide sales fleet, the vehicle sales for each motor vehicle
manufacturer must comply with a fleetwide average which becomes increas-
ingly more stringent each year. Eventually, the nitrogen oxide and carbon
monoxide standards will be twice as stringent as the federal standard. To the
Northeast, California's phase in of stringent vehicle standards is attractive
because such standards would address the massive effect that vehicle
emissions have on the ozone and air toxics levels in the northeast.
NESCAUM is in the process of analyzing the difference between the future
federal program as mandated under the Clean Air Act and California's future
program. The preliminary results of this analysis indicate that the California
program would reduce hydrocarbons by 35% to 40% over the federal
program in the year 2010. For nitrogen oxides, the additional reductions
6. The increase in vehicle use is an aspect of the problem which is very difficult to effec-
tively address. Based on the experience of the growth in vehicle use during the 1980s,
growth in vehicle use has the potential to overwhelm the success that is achieved with the
other motor vehicle control programs. For example, in the Boston Metropolitan area, the
population grew during the 1980s by 4%. During the same period vehicle miles travelled
grew by more than 40%. Much of the growth has to do with demographics.
7. Pub. L. No. 101-549, §§ 201-235, 104 Stat. 2399, 2471-2531 (1990) (codified in
scattered sections of 42 U.S.C.).
8. California had a motor vehicle emissions program before EPA established a program
in the 1970s. The California program was grandfathered into the original 1970 Clean Air
Act.
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A LOOK AT THE FUTURE ALTERNATIVE FUELS
would be approximately 25% to 30%.1 Emission reductions of these
magnitudes, even though they are long term, are very attractive for air
quality control programs to pursue.
B. The Future of Low and Zero Emission Vehicles
The California low emission vehicle (LEV) program requires 2% of the
statewide vehicle sales from all the major auto companies in model year 1998
to be electric vehicles or zero emission vehicles.1" The sales mandate
increases dramatically, to 10%, in the year 2003. Several of the northeastern
states will be proposing regulations to adopt the California program including
the zero emissions vehicle mandate.
The trend towards mandating zero emission vehicles through the adoption
of the California LEV program is growing throughout the Northeast. The
governors from Maine, New York, New Jersey, and Massachusetts are
committed to proposing adoption of the LEV program. The governor in
Maryland is supporting legislation to adopt the program. NESCAUM
believes that one year from now eight to ten states will be pursuing the
program.
There is a potential market for zero emission vehicles. In just the eight
Northeastern states, there should be a market for 200,000 to 250,000 by the
year 2003. It is encouraging to note that all of the major auto companies
have electric demonstration and development programs already underway.
NESCAUM believes that the states have a responsibility to assist the electric
vehicle market by creating economic incentives for consumers and fleets to
purchase electric vehicles, and to address the need to provide the infrastruc-
ture support which will be required for electric vehicles.
Electric vehicles are not really zero emission vehicles because electric
vehicles are dependent on the electric power system for electricity which in
turn results in air pollutant emissions. But for the Northeast, the utility of
reduced emissions of hydrocarbons, carbon dioxide, carbon monoxide, and
NO., has substantial emission benefits. As a result, the prospects for electric
vehicles in the Northeast are very encouraging.
II. USE OF CLEANEST AVAILABLE FUELS
The Clean Air Act provides states with an option to adopt fuel quality
regulations that they believe are needed to meet the National Ambient Air
Quality Standards." In 1987 and 1988 the NESCAUM states proposed a
9. Draft of Pechan Report Evaluation of the California LEV Program for the Northeast
States.
10. PROPOSED REGULAnONS FOR Low-EMSSION VEHICLES AND CLEAN FUELS, CALIFOR-
NIA AIR RESOURCES BOARD STAFF REPORT (Aug. 1990).
11. 42 U.S.C.A. § 7545(c)(4) (West 1983 & Supp. 1991).
1991]
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Bradley: Addressing the Environmental Needs of the Northeast: A Look at th
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CALIFORNIA WESTERN LAW REVIEW
reduction in the Reid Vapor Pressure (RVP) of gasoline.12 Historically,
during the summer months when the Northeast experiences its most severe
ozone problems, the RVP of gasoline was typically 11.5 pounds per square
inch (PSI) or higher." Cars were designed to use a gasoline with a
volatility of 9 PSI.14
NESCAUM assisted the states in the evaluation of gasoline volatility.
Eventually, all eight states committed to proposing a 9 PSI limit. Although
under very strong pressure from the petroleum industry to back off, the states
proceeded to finalize RVP limits and implemented the program in 1989. The
result was that the states, at a very low cost, eliminated approximately
250,000 tons of hydrocarbon emissions during the summer months. These
were very light hydrocarbon emissions which play a major role in the
transported regional smog problem.
This control program caught on. In the midst of it, the EPA proposed a
similar program for the nation. In addition, cleaner gasoline was being
pursued independently by petroleum companies, mainly in the California
market.
The 1990 Clean Air Act Amendments followed suit. The CAAA mandates
an RVP reduction for reformulated gasoline throughout the country.' 5
Essentially, the Act requires gasoline to be 15% cleaner in terms of
hydrocarbons and toxics for 1995. The Act also includes a second phase
requiring further reductions for the year 2000.16 This gasoline is required
to be distributed in the nine worst areas, but any area that is not meeting the
ozone health standard has the option to adopt it. In the Northeast, Maine and
Rhode Island have opted into the reformulated gasoline program and it is
expected that the entire Northeast area, and even the middle Atlantic states,
will opt in as well. This is a very appealing program because it will achieve
significant hydrocarbon and air toxics reductions and will not cause costly
administrative burdens.
The progress that has been made in reformulated gasoline has created less
of an incentive to pursue methanol, ethanol, and compressed natural gas
(CNG) as base fuels for fleets. Consequently, it is unlikely that methanol,
ethanol, or CNG will make much of a penetration into the general fleet
market unless other significant incentives, such as financial incentives or
Corporate Average Fuel Efficiency (CAFE) regulations are used.
Through the fleet program, CNG, and possibly methanol, may make
substantial inroads throughout the nation. Regionally, however, the
economics, the infrastructure needs, and the air quality technical issues
associated with methanol have made it impractical for the Northeast to
12. The RVP is the volatility of gasoline, meaning the rate at which it evaporates.
13. U.S. EPA Gasoline Volatility Proposal, August 1987 Federal Register.
14. U.S. EPA New Vehicle Certification Procedure Regulations.
15. Pub. L. No. 101-549, § 216, 104 Stat. 2489 (codified at 42 U.S.C. § 7545(h)).
16. Pub. L. No. 101-549, § 219, 104 Stat. 2493 (codified at 42 U.S.C. § 7545(k)).
[Vol. 28
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A LOOK AT THE FUTURE ALTERNATIVE FUELS
seriously pursue methanol to any significant degree.
Compared to methanol, CNG appears more attractive because the
economics are much better, the infrastructure to deliver CNG to the region
is in place, and the technical challenges in building vehicles optimized for
CNG are being overcome. There is also potential for methanol and CNG to
play a major role as an alternative fuel in urban bus fleets. Currently, most
of the urban bus fleet is using diesel fuel. Switching to methanol or CNG
will have enormous benefits in reducing diesel particulate emissions.
CONCLUSION
In the Northeast it is anticipated that methanol and CNG will be used to
some degree in fleet operations and in urban bus systems. The progress in
producing a clean reformulated gasoline has ensured that gasoline will contin-
ue to play a major role for a long time in the Northeast. I predict that the
entire Northeast will opt into the federal reformulated gasoline program.
California's reformulated gasoline may be significantly cleaner than Phase II
federal reformulated gasoline. Within the next few years the northeastern
states will evaluate both reformulated fuels to determine which is more
beneficial, feasible, and cost effective for future use in the Northeast.
1991]
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Addressing the Environmental Needs of the Northeast: A Look at the Future Alternative Fuels

Hinman, Norman D.

California Western Law Review 
Volume 28 Number 1 Article 9 
1991 
Biomass: An Ideal Feedstock for Ethanol Production 
Norman D. Hinman 
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Hinman, Norman D. (1991) "Biomass: An Ideal Feedstock for Ethanol Production," California Western Law 
Review: Vol. 28 : No. 1 , Article 9. 
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information, please contact alm@cwsl.edu. 
BIoMAss: AN IDEAL FEEDSTOCK FOR
ETHANOL PRODUCTION*
NORMAN D. HINMAN**
INTRODUCTION
The recent Iraqi invasion of Kuwait reminded us once again that reliance
on imported oil can cause strategic and economic vulnerability. The United
States consumes about 17-18 million barrels of oil per day, approximately
half of which is imported. Today's transportation fuels are almost totally
derived from petroleum and account for about two-thirds of the petroleum
consumed. Thus, transportation fuels are particularly vulnerable to
disruptions in imported oil. In addition, imported petroleum accounted for
about 40% of the balance-of-payments deficit for the United States in 1989.1
American oil consumption also exacerbates the growing environmental
decay. Much of urban air pollution in the form of smog (ozone) and carbon
monoxide (CO) is a result of the combustion of transportation fuels in
vehicles.' The carbon dioxide (CO) emitted to the atmosphere from
burning transportation fuels contributes to global warming.3
Ethanol produced from cellulosic biomass is an attractive alternative
transportation fuel that promises to improve energy security, decrease the
balance-of-payments deficit, reduce urban pollution, and mitigate the
accumulation of carbon dioxide.4 Work under way at the National
Renewable Energy Laboratory (NREL) focuses on reducing the cost of
producing ethanol so that it can compete with gasoline without the assistance
of tax incentives.
This Article examines the use of ethanol as a fuel, the use of cellulosic
biomass as a raw material for the manufacture of ethanol, and the process for
* This research is supported by the Ethanol from Biomass Program of the United States
Department of Energy, Biofuels Systems Division.
** Manager, Biofuels Program, National Renewable Energy Laboratory (formerly the Solar
Energy Research Institute).
1. Wald, Greater Reliance on Foreign Oil Feared as U.S. Output Tumbles, N.Y. TIMES,
Jan. 18, 1990, at Al, col. 1.
2. See generally OFFICE OF PUBLIC AFFAIRS, U.S. ENVIRONMENTALPROTECTION AGENCY,
EPA LISTS PLACES FAIIING TO MEET OZONE OR CARBON MONOXIDE STANDARDS (1989).
3. See generally J. EDMONDS, W. ASHTON, H. CHENG, & M. STEINBERG, A PREIIMINARY
ANALYSIS OF U.S. CO2 EMISSIONS REDUCTION POTENTIAL FROM ENERGY CONSERVATION AND
SUBSTITUTION OF NATURAL GAS FOR COAL IN THE PERIOD TO 2010 (Office of Energy Research,
U.S. Department of Energy, 1989) (DOE/NBB-0085).
4. Wyman & Hinman, Ethanol-Fundamentals of Production From Renewable Feedstocks
and Use as a Transportation Fuel, 24-25 APPL. BIOCHEM. BIOTECHNOL. 735 (1990); see also
generally N. HINMAN, D. SCHELL, C. RILEY, P. BERGERON & P. WALTER, ETHANOL ANNUAL
REPORT FISCALYEAR 1990 (National Renewable Energy Laboratory, 1990) (SERI/TP-231-3996)
[hereinafter 1990 ETHANOL REPORT].
1
Hinman: Biomass: An Ideal Feedstock for Ethanol Production
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CALIFORNIA WESTERN LAW REVIEW
and effects of converting biomass to ethanol.
I. THE USE AND BENEFITS OF ETHANOL AS A FUEL
Ethanol can be used as a fuel in three different forms: (1) as anhydrous
ethanol-gasoline blends currently use41 in the United States; (2) as a
component of ethyl-tert-butyl ether (ETBE);5 and (3) as anhydrous (100%
ethanol) or hydrous (95% ethanol and 5% water) ethanol. Differences exist
in automobile performance and emission levels among these fuels.
The leaning effect of 10 % ethanol/90 % gasoline blends on engines adjusted
for gasoline can reduce carbon monoxide.6 Although the effect depends on
the emission control technology, an Environmental Protection Agency study
indicates that carbon monoxide emissions are reduced 10%-30% for
automobiles that are not even equipped with the latest adaptive learning
technology.7
As with gasohol, the addition of ETBE to gasoline causes an engine to run
lean, reducing CO emissions, even without the latest adaptive learning
closed-loop technology.8  The recently completed 1988-89 Colorado
Oxygenated Fuel Program dramatically reduced ambient carbon monoxide
concentrations in Denver by mandating the use of oxygenated additives in
gasoline. During the program 90%-95% of the fuel sold contained 11%
methyl-tert-butyl ether (MTBE). It is probable that ETBE would result in
similar reductions in ambient CO concentrations. Because ETBE significant-
ly lowers the Reid Vapor Pressure of gasoline, the use of ETBE-gasoline
blends should lower volatile organic compounds (VOCs) along with ozone
that results from the interaction of hydrocarbons and nitrogen oxides (NOr).
The volatility of a fuel is one of the primary factors affecting VOC
emissions. Compared to the concentrations from using 100% gasoline, using
anhydrous or hydrous ethanol with low vapor pressures should lower
concentrations of organic compounds in the air. In addition, the photochemi-
cal reactivity of ethanol is much less than that of hydrocarbons. Unlike the
relatively high emissions of several types of hydrocarbons that are very
reactive in producing ozone, anhydrous and hydrous ethanol combustion
5. Reisch, Ethyl-Tert-Butyl Ether Shows Promise as Octane Enhancer, 66 CHEMICAL &
ENGINEERING NEWS, Oct. 24, 1988, at 11.
6. Ideally, the air-fuel mixing device on an automobile engine provides the right mix of air
and fuel to allow for complete combustion of the fuel. If not enough air is provided, the engine
is said to be running "rich" and the fuel is not fully combusted. The result is undesirable
production of carbon monoxide. The addition of oxygenated compounds, such as ethanol, to
gasoline provide additional oxygen and has the same effect as adding more air. This is known
an the "leaning effect." The result is fuller combustion of the fuel and less carbon dioxide
production.
7. NATIONAL ADVISORY PANEL ON COST-EFFECTIVENESS OF FUEL ETHANOL PRODUCTION,
U.S. DEPARTMENT OF AGRICULTURE, FUEL ETHANOL COST-EFFECTIVENESS STUDY, FINAL
REPORT (1987).
8. M. JACKSON, V. WIESE & J. WENTWORTH, TECHNICAL PROGRESS BOOK TP-6 (Society
of Automotive Engineers 1964) (preprint 486A).
[Vol. 28
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1991] BIOMASS: AN IDEAL FEEDSTOCK FOR ETHANOL PRODUCTION 115
produce very low levels of smog-producing compounds.9 Pure ethanol
burning engines may also be effective in reducing NO. emissions because
ethanol burns at a lower temperature than gasoline and NO. formation
decreases as temperature decreases."0 Thus, ethanol's lower fuel evapora-
tive emissions, lower photochemical reactivity, reduced tailpipe hydrocarbon
emissions of reactive hydrocarbons, and lower NO, levels should result in a
reduction of ozone levels when using anhydrous and hydrous ethanol fuels.
I1. CELLULosIC BIOMASS AS A RAW MATERIAL
FOR ETHANOL PRODUCTION
Cellulosic biomass is the most abundant form of terrestrial plant matter.
It is composed primarily of cellulose, hemicellulose, and lignin, as well as
small amounts of extractives and minerals. Cellulose consists of chains of
the six carbon sugar glucose. Hemicellulose consists of chains of five carbon
sugars, and lignin is a polyaromatic material. As shown in Figure 1,"
cellulose biomass is generally composed of 40%-50% cellulose, 20%-40%
hemicellulose, and 15%-22% lignin.
Sources of cellulosic biomass suitable for ethanol production include under-
utilized forests and forest residues, agricultural residues, municipal solid
waste (MSW), waste and low-value material from industrial processes, and
energy crops. Energy crops (short-rotation woody crops and herbaceous
crops) are being developed by a U.S. Department of Energy sponsored
program through Oak Ridge National Laboratory. For the United States, it
is estimated that energy crops could provide about 1126 million dry tons of
cellulosic biomass per year. This quantity of feedstock could generate 124
billion gallons of ethanol per year. Underutilized wood, agricultural
residues, and MSW could also generate significant quantities of ethanol.
III. PRODUCTION OF ETHANOL FROM CELLULOSIC BIOMASS
A. Production Process
The process for producing ethanol from cellulosic biomass is outlined in
Figure 2.12 After being milled to a small particle size, the feedstock is
pretreated with dilute sulfuric acid to break the hemicellulose chains into
their component sugars (mainly xylose in hardwoods). Several options have
been considered for conversion of the xylose into ethanol including the use
of certain strains of yeast, fungi, and bacteria. As yet, none of these is
9. See generally D. SPERLING, NEW TRANSPORTATION FUELS: A STRATEGIC APPROACH TO
TECHNOLOGICAL CHANGE (1988).
10. See generally ENCYCLOPEDIA OF CHEMICALTECHNOLOGY (1984 Supp.).
11. See generally 1990 ETHANOL REPORT, supra note 4.
12. See generally id.
3
Hinman: Biomass: An Ideal Feedstock for Ethanol Production
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CALIFORNIA WESTERN LAW REVIEW
optimal. Another approach involves the use of a genetically engineered
bacteria to produce large quantities of xylose isomerase enzyme that converts
xylose into an isomer called xylulose that many yeast can ferment to high
yields. 13 In a most promising approach, a genetically engineered bacteria
has been developed that appears to be able to ferment xylose directly to
ethanol at yields exceeding 90% .14
Enzymes called cellulase are used to break down (hydrolyze) cellulose to
form glucose sugar that can be fermented by yeast into ethanol. The most
promising enzyme-based process is the simultaneous saccharification and
fermentation process (SSF). 15 The SSF process combines the hydrolysis
and fermentation steps in one vessel. The presence of yeast along with the
enzymes minimizes the accumulation of sugar that inhibits cellulases and
results in high ethanol yields and higher rates of reaction.
After conversion of the hemicellulose and cellulose to ethanol, the
remaining material is mostly lignin. Because lignin has a high energy
content it can be used as boiler fuel to supply all the heat and electricity
necessary for the ethanol production process and the excess electricity can b,
sold. Research is also under way to examine use of lignin for the production
of fuel additives and chemicals.
B. Progress and Potential for Improvement
Progress with the enzyme-catalyzed process has been substantial over the
last ten years. As shown in Figure 3,16 ethanol selling prices have dropped
from $3.60/gal. in 1980, to $1.35/gal. in 1989, to $1.27/gal. today.17 This
reduction in selling price is due to improvements in enzymes, use of better
fermentative microbes, improved rates and yields of the SSF process, and
advances in xylose fermentations through genetic engineering. Technical
targets, shown in Figure 4,"8 have been identified to bring the selling price
down to about $0.67/gal. by the year 2000. At this price ethanol is
competitive with fossil transportation fuels when oil is $26 per barrel.
C. Near-Term Opportunities
Production costs for ethanol from biomass using current technology are
13. Lastick, Mohagheghi, Tucker& Grohmann, Simultaneous Fermentation andlsomerizatio.n
of Xylose to Ethanol at High Xylose Concentration, 24-25 APPL. BIOCHEM. BIO=TEHNOL. 431
(1990).
14. Ingram & Conway, Expression of Different Levels of Ethanologenic Enzymes from
Zymononas mobilis in Recombinant Strains of Escherichia coil, 54 APPL. ENVIRON. MICROBIOL.
397 (1988).
15. J. Wright, Ethanol from Biomass by Enzymatic Hydrolysis, 84 CHEM. ENGINEERING
PROGRESS, Aug. 1988, at 62-74.
16. See generally 1990 ETHANOL REPORT, supra note 4.
17. See generally id.
18. See generally id.
[Vol. 28116
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1991] BioMAss: AN IDEAL FEEDSTOCK FOR ETHANOL PRODUCTION 117
shown in Table 1. For this case, the feedstock, which was assumed to cost
$42/dry ton, accounts for $0.46/gal. of the total production cost of $1.27/gal.
If a cheaper feedstock is available, the production costs will be lower and
could reach a level that is competitive in today's ethanol market. For
example, if the feedstock was free, ethanol made with today's technology
would cost $0.81/gal. This compares favorably to the current market price
of about $1.20/gal. Examples of potentially inexpensive cellulosic biomass
that could provide near-term opportunity include wastepaper, agricultural
residues such as corn cobs, low-value fiber in grain processing operations,
and cellulosic wastes from industrial operations.
IV. EFFECT OF GLOBAL WARMING
In the process shown in Figure 5, all fuels and chemicals used for
production of the biomass feedstock are presumed to be made from biomass,
hence the CO2 released during feedstock production is derived from biomass.
Likewise, during the conversion of the biomass feedstock to ethanol, all CO2
released is derived from the biomass feedstock. Finally, because the ethanol
is derived from biomass, all the C0 2 released during combustion of this fuel
in automobiles and trucks is derived from biomass. Thus although CO2 is
released during the production of the biomass feedstock, during the
conversion process, and during the utilization of the fuel, all of the CO2
released is derived from biomass. Through the process of photosynthesis,
this CO2 is recaptured to provide a new crop of biomass feedstock. Thus,
the CO2 produced does not accumulate in the atmosphere and does not
contribute to global warming.
In contrast, use of conventional fossil fuels does result in accumulation of
carbon dioxide. This is because oil, coal, and natural gas are obtained below
ground and converted to fuels and combusted above ground producing CO2.
However, because there is no mechanism analogous to photosynthesis to
recapture this CO2 to create a new crop of fossil fuel resource, CO2
accumulates in the atmosphere and contributes to global warming.
CONCLUSION
The dependence of the United States on imported oil as a source of
transportation fuels is a significant factor in the strategic, economic, and
environmental considerations of this nation. Ethanol produced from
cellulosic biomass could serve as an alternative transportation fuel which
would reduce our dependence on imported oil. It is estimated that energy
crops could provide over 124 billion gallons of ethanol per year which is
more than the total United States gasoline consumption of 112 billion gallons
per year. In addition, ethanol from cellulosic biomass will be useful in
dealing with urban air pollution and global warming. Moreover, energy
crops will provide a way to use our ever increasing idle crop land for the
good of our country and will provide a new source of revenue to our farmers.
5
Hinman: Biomass: An Ideal Feedstock for Ethanol Production
Published by CWSL Scholarly Commons, 1991
CALIFORNIA WESTERN LAW REVIEW
TABLE 1
PRODUCTION CoSTs-ToTAL COST BASIS
Cost of Ethanol
Costs of Production
Feedstock
Chemicals
Labor
Maintenance
Overhead
Taxes and Insurance
Gross Cost of Production
Byproduct Credits
Electricity
Solids Disposal
Net Costs of Production
Annual Capital Charge @ 20.00 TIC
Ethanol Cost
Cents per
MM$/Yr Gallon
26.9 45.9
8.3 14.1
1.6 2.7
3.9 6.6
4.2 7.2
1.9 3.3
46.7 79.8
4.1
(0.4)
43.0
28.2
71.2
7.1
(0.7)
73.4
48.3
121.7
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1991] BIOMASS: AN IDEAL FEEDSTOCK FOR ETHANOL PRODUCTION 119
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Hinman: Biomass: An Ideal Feedstock for Ethanol Production
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122 CALIFORNIA WESTERN LAW REVIEW [Vol. 28
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