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Regulating Greenhouse Gas Emissions From Existing Sources: Section 111(d) and State Equivalency

On December 9, 2011, the Nicholas Institute for Environmental Policy Solutions convened a broad range of stakeholders representing numerous viewpoints to explore  issues surrounding CAA §111(d), including options for states to...

Recent Air Regulations: What Picture Will the Jigsaw Pieces Create?

Air law and policy are moving at a lightning-fast pace. At ELI’s annual Fall Practice Update, held October 21, 2011, attendees joined our expert panel to learn how developments in air law and policy interact and what picture they create...

Preventing Significant Deterioration Under the Clean Air Act: The BACT Determination—Part II

PSD permits issued to major emitting facilities must include BACT standards for each pollutant subject to regulation under the CAA. These standards must be determined by permitting authorities on a case-by-case basis, subject to EPA...

Preventing Significant Deterioration Under the Clean Air Act: The BACT Determination— Part I

PSD permits issued to major emitting facilities must include BACT standards for each pollutant subject to regulation under the CAA. These standards must be determined by permitting authorities on a case-bycase basis, subject to EPA...

Obama Administration Efforts to Control Stationary Source Greenhouse Gas Emissions Through Rulemaking

The Obama EPA has put forth several actions to regulate the emissions of greenhouse gases from stationary sources. These regulatory developments take place in the context of failed efforts to pass comprehensive federal legislation and...

AEP v. Connecticut—Global Warming Litigation and Beyond

On June 21, 2011, the U.S. Supreme Court in American Electric Power (AEP) v. Connecticut held that the Clean Air Act (CAA), and the U.S. Environmental Protection Agency (EPA) actions it authorized, displaced any federal common-...

Preventing Significant Deterioration Under the Clean Air Act: The BACT Requirement and BACT Definition

Major emitting facilities are required to comply with BACT standards for each pollutant subject to regulation under the CAA. This requirement—initially thought to be inconsequential—has now become a dominant feature of the PSD...

The Supreme Court’s AEP Decision: Snatching Climate Change Solutions Victory From the Jaws of Defeat

In today’s politically polarized environment, legislative and judicial actions tend to be characterized as either stunning victories or crushing defeats. The next-day media reporting and hyperbolic press...

Federal Control of Carbon Capture and Storage

The United States has economically recoverable coal reserves of about 261 billion tons, which is in excess of a 250-year supply based on 2009 consumption rates. However, in the near future, the use of coal may...

Comment on Environmental Enforcement in Dire Straits: There Is No Protection for Nothing and No Data for Free

While I take issue with the title, suggesting that environmental enforcement is in “dire straits,” the body of Professors Flatt and Collins' article does not actually evaluate enforcement, but rather enters the oft-discussed...