Recent Clean Air Act Developments--2007

June 2008
Citation:
38
ELR 10357
Issue
6
Author
Ari G. Altman and Jessica M. Lewis

Editor's Summary: Last year saw many exciting developments in CAA law and policy, including implications and fallout from the U.S. Supreme Court decision in Massachusetts v. EPA. In this Article, Ari G. Altman and Jessica M. Lewis look at a number of cases involving carbon dioxide emissions from both mobile and stationary sources. They address the momentum toward passing climate change legislation in Congress and moving to implement cap-andtrade systems at the regional level, as well as several potential options for regulating greenhouse gases under the existing CAA. Further, they examine a pivotal decision related to the ozone air quality standard, as well as key cases and EPA rulemakings relating to the control of hazardous air pollutants. A recent decision overturning the Clean Air Mercury Rule receives special attention. Finally, they highlight developments in new source review policy and provide a forecast of certain upcoming EPA rulemakings under the CAA.

Ari G. Altman is an associate at Willkie Farr & Gallagher LLP. Jessica M. Lewis is a Legal Assistant at Willkie Farr & Gallagher LLP. A draft of this paper was originally distributed at the February 2008 ALI-ABA Course of Study on Environmental Law. The authors gratefully acknowledge the guidance provided by their colleagues E. Donald Elliott and Bret C. Cohen of Willkie Farr & Gallagher LLP throughout the writing of this Article. The opinions expressed in the Article are solely those of the authors.
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