Jump to Navigation
Jump to Content

Clean Air Act (CAA)

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...

EPA’s New Ground-Level Ozone Standard

On October 1, 2015, after years of delay punctuated by litigation and political maneuvering, the U.S. Environmental Protection Agency issued revised national ambient air quality standards for ground-level ozone. Last set at 75 parts per...

Four Things You Need to Know About Courts’ Rejection of Clean Air Act Preemption of State Common-Law Claims

In two decisions released in November 2015, Merrick v. Diageo Americas Supply, Inc., and Little v. Louisville Gas & Electric Co., the U.S. Court of Appeals for the Sixth Circuit unambiguously held that the Clean...

EPA’s Clean Power Plan: Understanding and Evaluating the Proposed Federal Plan and Model Rules

The U.S. Environmental Protection Agency’s (EPA’s) Clean Power Plan was accompanied by model rules for states that provide both a mass-based and a rate-based approach. The model rules, once finalized, will give states a streamlined but...

State Implementation of the Clean Power Plan: Why It Matters to Industries Outside the Power Sector

On August 3, 2015, President Barack Obama announced the U.S. Environmental Protection Agency’s Clean Power Plan (CPP), which establishes guidelines that states must apply to achieve reductions in carbon dioxide emissions from the...

Fighting for Air in Indian Country: Clean Air Act Jurisdiction in Off-Reservation Tribal Land

Acting under its Clean Air Act (CAA) authority, the U.S. Environmental Protection Agency (EPA) has attempted to regulate air quality on behalf of Native American tribes. However, the D.C. Circuit—in reviewing EPA’s tribal CAA rules—...

The Clean Power Plan and Statutory Interpretation: Is the "Building Block" Approach Permissible Under §111(d)?

In June 2014, EPA proposed an emission guideline for emissions of carbon dioxide (CO2) from existing fossil fuel-fired electric generating units (EGUs). This rulemaking--commonly known as the Clean Power Plan (CPP)--identifies as the “...

Charting an Uncertain Legal Climate: Article III Standing in Lawsuits to Combat Climate Change

In the wake of Massachusetts v. EPA, lower federal courts have been called upon to apply Article III standing rules in lawsuits featuring a variety of plaintiffs seeking to combat climate change in many different ways. In this...