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Cap and Trade Under the Clean Air Act?: Rethinking §115

September 2010

Citation: 40 ELR 10894

Issue: 9

Author: Hannah Chang

Editors' Summary:

Section 115 of the CAA, addressing international air pollution, has been widely dismissed as a viable avenue for mitigation of GHGs because of a misplaced assumption that NAAQS must be established for GHGs before §115 authority can be exercised for GHGs. This Article explores the statutory language and legislative history of §115 to refute this conventional view, and argues that §115 can play a role in facilitating the establishment of a cap-and-trade program for GHGs without the establishment of NAAQS for GHGs.

Hannah Chang is a Fellow and Deputy Director of Columbia Law School's Center for Climate Change Law.

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