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International Climate Action Without Congress: Does §115 of the Clean Air Act Provide Sufficient Authority?

The ongoing rancor in Congress over climate change makes it unlikely that the United States will ratify a treaty as a successor to the Kyoto Protocol. Executive agreements are often seen as interchangeable with Article II treaties, and...

Comparing the Clean Air Act and a Carbon Price

Over the last half-decade, a variety of federal legislative proposals for limiting greenhouse gas (GHG) emissions have been put forward, most of which would set a price on carbon. As of early 2013, the one politically plausible policy...

Regulation of CO2 Emissions From Existing Power Plants Under §111(d) of the Clean Air Act: Program Design and Statutory Authority

EPA is establishing carbon dioxide (CO2) emission standards for existing electric generating units (EGUs) under §111(d) of the Clean Air Act (CAA). The prospect of undertaking such a significant regulatory program under the authority of...

Fundamental Inconsistencies Between Federal Biofuels Policy and Their Implications

Biofuel policies under the Renewable Fuel Standard (RFS) housed in the CAA and administered by EPA and under the Internal Revenue Code administered by the Internal Revenue Service are reviewed to demonstrate inconsistencies not only...

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

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...

The Clean Air Act: An Environmental Veneer for Protectionism?

The Clean Air Act (CAA) was founded on the principle that a maximum safe national ambient air quality standard (NAAQS) concentration existed for each pollutant. Once those concentrations were defined, emission limitations for...

Federal Control of Air Emissions From New Heavy-Duty Road Vehicles

Heavy-duty road vehicles are subject to a regulatory program administered primarily by the federal government, a program that evolved out of concerns about increasing smog in California in the 1960s. Among the applicable regulations...

How Best to Use CAA 118(d) to Regulate Existing Power Plants' Carbon Emissions

President Barack Obama has directed EPA “to use your authority under §§111(b) and 111(d) of the Clean Air Act to issue standards, regulations, or guidelines, as appropriate, that address carbon pollution from modified, reconstructed,...

The Overwhelming Case for Clean Air Act Reform

Congress designed the current CAA around two fundamental misunderstandings about air pollution, misunderstandings that make the statute clumsy and that hinder further attempts at emissions reductions. The authors describe a new approach...

Should EPA Use Emissions Averaging or Cap and Trade to Implement §111(d) of the Clean Air Act?

Fossil fuel-fired electric generating units (EGUs) account for 40% of the U.S. annual greenhouse gas (GHG) emissions. No federal regulations currently limit those releases. Two months ago, President Barack Obama ordered the U.S....