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Carbon Capture and Storage (Sequestration)

Carbon dioxide (CO2) is an end product created by the combustion of carbon-based fuel. It is usually released to the atmosphere, and most scientists believe these emissions are a major contributing factor to climate change. Under both...

Offsets Under §111 of the Clean Air Act: The Inconvenient Need for Additionality and the Role of Super-Categories

On the assumption that a trading system can constitute a performance standard for GHGs under the CAA, the question arises whether “offsets” should be creditable for compliance. Crediting reduces compliance costs. For environmental...

Aviation Emissions: Equitable Measures Under the EU ETS

The EU resolved, beginning in 2012, to begin application of its emissions trading system to flights landing in or departing EU territory—including international flights. The decision was met with strong resistance from the international...

With Great Power Comes Clear Accountability: Presidential Influence Over the Ozone NAAQS Reconsideration

In early September 2011, President Barack Obama rejected EPA’s draft rule to reconsider the 2008 ozone national ambient air quality standard (NAAQS) based on the OIRA’s recommendation. The letter from OIRA Administrator Cass Sunstein...

Hybridizing Federal and State Regulation of Clean Taxis Introduction

For years, attempts by states and localities to regulate vehicular emissions have been thwarted by the Supreme Court’s environmental preemption doctrine. These preemption cases emphasize textual, plain-meaning interpretations of the...

Information Quality and Credibility in Risk Assessment: Section 307(d) Rulemakings Under the Clean Air Act

The credibility of a human health risk assessment depends, in the first instance, on what it actually says. The facts need to be accurate, the analysis needs to be rigorous, and the conclusions need to flow rationally from the...

Assessing the Durability of Vehicle Emissions Systems: A Survey of Emission Component-Related Defect Reports in North America

Editors' Summary: EPA imposes strict emissions and durability standards on vehicle manufacturers today. While these standards have become more stringent over time, the regulatory requirements for demonstrating compliance with these...

EPA’s Missed Opportunity to Ground Its GHG Tailoring Rule in the Statute: What the Situs Argument Would Mean for the Future of the PSD Program

On February 28 and 29, 2012, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit heard oral argument in a series of closely watched lawsuits challenging regulations issued by the U.S. Environmental Protection Agency (...

Dangerous Air Apparent: How EPA’s Hazardous Air Pollutant Program Has Failed to Address Toxic Hotspots

The Clean Air Act (CAA) mandates that EPA regulate emissions of more than 180 commonly used industrial chemicals and compounds known as hazardous air pollutants
(HAPs). Unfortunately, EPA does not regulate or restrict emissions of...

Tradable Standards for Clean Air Act Carbon Policy

EPA is in the process of regulating U.S. greenhouse gas (GHG) emissions using its powers under the Clean Air Act. The likely next phase of this regulatory program is performance standards under §111 of the Act for coal plants and...