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CAA powers and duties

Access to Courts After Massachusetts v. EPA: Who Has Been Left Standing?

Editors' Summary: On May 3, 2007, the Environmental Law Institute (ELI) hosted a seminar to discuss the recent U.S. Supreme Court ruling in the Massachusetts v. EPA case. This seminar was a follow-up to ELI's December 13, 2006, seminar...

Massachusetts v. EPA: The D.C. Circuit's Failure to Extend the Clean Air Act to Greenhouse Gas Emissions

Editors' Summary: On July 15, 2005, the U.S. Court of Appeals for the D.C. Circuit upheld EPA's decision not to regulate carbon dioxide and other greenhouse gas (GHG) emissions from automobiles, thereby thwarting efforts to use the CAA...

The Explosion of Clean Air Act Regulation of Fuels

Editors' Summary: As the increased use of automobiles in the United States has offset reductions in auto emissions, legislators and regulators have sought new ways to address air pollution from cars. As part of that search, they...

Allowable Emissions and Unallowable Discretion: EPA Acid Rain Regulations Violate Congressional Intent of the 1990 Clean Air Act Amendments

Editors' Summary: In 1993, EPA issued its final rules for sulfur dioxide allowance allocations under the acid rain provisions added to the Clean Air Act by the Clean Air Act Amendments of 1990 (1990 Amendments). As part of these...

Regulation of Hazardous Air Pollutants Under the New Clean Air Act: Technology-Based Standards at Last

Editors' Summary: When Congress amended the Clean Air Act in 1990, it instituted a new approach to the regulation of hazardous air pollutants (HAPs). Although EPA had great discretion in adopting HAP emission standards prior to 1990...

A Clean Air Act Primer: Part III (Chapter 10)

Editors' Summary: This Article is the third in a three-part series on the Clean Air Act and the 1990 amendments. The authors analyze the new permit program mandated by the 1990 amendments, which requires the creation of a state-...

A Clean Air Act Primer: Part II (Chapter 5)

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (...

A Clean Air Act Primer: Part I (Chapter 1)

Editors' Summary: On November 15, 1990, President Bush signed into law the Clean Air Act Amendments of 1990, the first comprehensive changes to the Act in 13 years. During the intervening months since its enactment, EPA has geared...

The Proposed WEPCo Rule: Making the Problem Fit the Solution

Editors' Summary: EPA's final decision on its proposed WEPCo rule, which addresses how new Clean Air Act provisions apply to electric utilities, is expected soon. This Article provides a glimpse into the regulatory machinery needed...