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Clean Air Act (CAA)

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 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...

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...

Struggling for Context: An Appraisal of “Struggling for Air”

Richard Revesz’s and Jack Lienke’s new book, Struggling for Air, has attracted considerable attention: for instance, it was the subject of a symposium in this...

The Supreme Court’s Stay of the Clean Power Plan: Economic Assessment and Implications for the Future

The Clean Power Plan (CPP) is expected to play an important role in reducing U.S. greenhouse gas emissions. In February 2016, responding to appeals from some of the affected industries and states, the U.S. Supreme Court issued a stay...

Grandfathering Coal: Power Plant Regulation Under the Clean Air Act

In their book Struggling for Air: Power Plants and the “War on Coal,” Richard Revesz and Jack Lienke detail the history of the Clean Air Act and the political compromises that led to exempting existing power plants from...

The Volkswagen Air Pollution Emissions Litigation

On September 18, 2015, EPA announced that 482,000 Volkswagen diesel engine vehicles sold in the United States were programmed to pass emissions tests, but when operated under normal driving conditions emit air pollutants well above the...

Familiar Territory: A Survey of Legal Precedents for the Clean Power Plan

A coalition of states, utilities, energy producers, and other industry groups has brought a challenge in the U.S. Court of Appeals for the D.C. Circuit against the U.S. Environmental Protection Agency’s Clean Power Plan (CPP), which...

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