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Historical Perspectives on §111(d) of the Clean Air Act

December 2014

Citation: ELR 11095

Author: Robert R. Nordhaus and Avi Zevin

Looking at the history of the Clean Air Act provides some guidance on what Congress intended when it required the “best system of emission reduction” under §111(d) and on EPA’s supervisory authority over state plans. But the drafting error, where the conflicting House and Senate amendments to §111(d) were not reconciled, remains largely uninformed by the legislation’s history and will have to be resolved by EPA and, ultimately, the courts.

Robert Nordhaus is Professional Lecturer in Law at George Washington University Law School and a senior partner at Van Ness Feldman LLP, where Avi Zevin is an associate.

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