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Resolved: EPA and States Can Regulate Emissions Outside the Facility Fence Line Under Clean Air Act §111

April 2014

Citation: 44 ELR 10255

Issue: 4

Author: Megan Ceronsky, David Doniger, Jeffrey R. Holmstead, Scott H. Segal, Scott Schang

Whether U.S. EPA and states can regulate emissions outside the facility fence line is a critical factor in shaping the regulatory response to climate change using Clean Air Act §111. There has been much rhetoric about the ability of states and EPA to create regulatory tools such as emissions trading of greenhouse gases, but policy experts and professionals need a more definitive answer. To address this topic, ELI held the second seminar of its Professional Practice Series. Loosely following an academic debate structure, two expert teams argued the resolution, asked questions of the other side, and identified points of agreement and disagreement. Following the debate, the discussion was open to audience questions.

Megan Ceronsky is an attorney at Environmental Defense Fund. David Doniger is Policy Director of the Climate & Clean Air Program at the Natural Resources Defense Council. Jeffrey R. Holmstead is Director of the Environmental Strategies Group at Bracewell & Giuliani LLP. Scott H. Segal is Director of the Policy Resolution Group at Bracewell & Giuliani LLP. Moderator Scott Schang is Executive Vice President of the Environmental Law Institute and Editor-in-Chief of the Environmental Law Reporter.

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