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Legal Pathways to Deep Decarbonization: Postscript

With this Article, ELR News & Analysis concludes our year-long series of excerpts from Legal Pathways to Deep Decarbonization in the United States, forthcoming from ELI Press. We believe the urgency and importance of this topic,...

Prevention of Significant Deterioration: A Scalpel, Not an Axe

Does the United States need the Clean Air Act’s Prevention of Significant Deterioration (PSD) program to guard against degradation of air quality? In their recent Comment in these pages, John C. Evans and Donald van der Vaart say no,...

The Role of Energy Efficiency in Deep Decarbonization

The Deep Decarbonization Pathways Project Report calls for major increases in building and equipment efficiency to reduce U.S. greenhouse gas emissions by at least 80 percent from 1990 levels by 2050. While the U.S. Department of Energy...

The Role of Individual and Household Behavior in Decarbonization

This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), asks why household behavior matters for deep...

Proposal for a Multilateral Border Carbon Adjustment Scheme That Is Consistent With WTO Law

As the world considers how to respond to the Trump Administration’s decision to withdraw from the Paris Agreement, one possible policy response is the adoption of border carbon adjustment (BCA) schemes that are compatible with...

The CAA Motor Vehicle Inspection and Maintenance Program: Is It Cost Effective?

Under the Clean Air Act, state-run vehicle inspection and maintenance (I/M) programs aim at preventing both manufacturers and consumers from circumventing or tampering with emissions control technology. Recent manufacturer cheating...

Prevention of Significant Deterioration: A Case for Repeal

The Prevention of Significant Deterioration (PSD) program was born 45 years ago from purposivist interpretation of the platitudinal phrase “protect and enhance” contained in the “findings and purposes” section of the 1970 Clean Air Act...

Time to Toss It Out? The “Once In, Always In” Policy for “Major Source” Hazardous Air Pollutant Standards

EPA's recent call for regulatory reform suggestions offers a good opportunity for ending a long-standing regulatory overreach: EPA’s “once in, always in” policy for standards applicable to a major source of hazardous air pollutants...

Drones and Environmental Monitoring

Aerial drones are emerging as an effective tool for environmental monitoring and enforcement because of their ability to reach areas that would be otherwise inaccessible or cost-prohibitive. However, the regulatory framework has not...

EPA’s New Source Review Program: Time for Reform?

This Article examines the complex CAA program known as new source review (NSR), which affects virtually every major manufacturing facility and power plant in the United States. The NSR program provides important health and environmental...

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