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The Oklahoma Attorney General’s Plan: The Clean Air Act §111(d) Framework That Preserves States’ Rights

December 2014

Citation: ELR 11045

Author: Jeffrey Bossert Clark, Scott Pruitt, F. William Brownell, Patrick McCormick III, and David Doniger

On May 20, 2014, the Federalist Society Environmental Law and Property Rights Practice Group convened at the National Press Club to discuss the form of the appropriate federalism model for regulating CO2 emissions under §111(d) of the Clean Air Act. The event featured Oklahoma Attorney General Scott Pruitt, who discussed his recent paper, "The Oklahoma Attorney General’s Plan: The Clean Air Act Section 111(d) Framework That Preserves States’ Rights." Here, we present a transcript of the event, which has been edited for style, clarity, and space considerations.

Jeffrey Bossert Clark (moderator) is chair of the Federalist Society’s environmental law and property rights practice group executive committee, and a partner at Kirkland & Ellis LLP. Scott Pruitt is Oklahoma’s Attorney General. F. William Brownell is chair of the executive committee and former head of the administrative law and environmental practice groups at Hunton & Williams LLP. Patrick McCormick III is Republican Chief Counsel for the U.S. Senate Energy and Natural Resources Committee. David Doniger is director and senior attorney for the Natural Resources Defense Council’s climate and clean air program.

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