Jump to Navigation
Jump to Content

Clean Air Act (CAA)

United States v. DTE Energy Co.: A Flawed Decision With Implications for the Future Enforceability of New Source Review

In United States v. DTE Energy Co. (DTE), the U.S. Court of Appeals for the Sixth Circuit held that EPA may use Clean Air Act New Source Review (NSR) to challenge a source’s preconstruction emission projection on...

Does EPA’s §111(d) Proposal Rely on an Unprecedented and Legally Forbidden Approach to Emission Reduction?

In June 2014, the U.S. Environmental Protection Agency (EPA) proposed standards under §111(d) of the Clean Air Act (CAA)1 for state plans to reduce carbon dioxide emissions from existing fossil fuel-fired electric generating units (EGUs...

What’s Old Is New Again: State Common- Law Tort Actions Elude Clean Air Act Preemption

It usually takes at least three to start a trend, but two recent appellate-level decisions suggest a new air pollution enforcement trend is in the making: Environmental plaintiffs may be able to avoid Clean Air Act (CAA) preemption by...

Here Be Dragons: Legal Threats to EPA’s Proposed Existing Source Performance Standards for Electric Generating Units

A 104-page “Legal Memorandum” accompanying EPA’s proposal of §111(d) Existing Source Performance Standards for Electric Generating Units under the Clean Air Act charts the legal waters the Agency will have to traverse if it adopts rules...

2014 Supreme Court Review and Preview

On October 1, 2014, the Environmental Law Institute held its annual U.S. Supreme Court update for the 2014 term, again featuring the leading experts in the country. ELI President John Cruden led a discussion with two of the most...

The Oklahoma Attorney General’s Plan: The Clean Air Act §111(d) Framework That Preserves States’ Rights

On May 20, 2014, the Federalist Society Environmental Law and Property Rights Practice Group convened at the National Press Club to discuss the form of the appropriate federalism model for regulating CO2 emissions under §111(d) of the...

The Legal Scrutiny Surrounding §111(d): Will It Survive or Stumble?

EPA’s Clean Power Plan is the Obama Administration’s most important effort to address the challenge of climate change. But it also raises significant legal issues of first impression ranging from unsettled statutory language to EPA’s...

EPA’s Novel Interpretation of “Best System of Emission Reduction” for Existing Electric Generating Units Violates the Clean Air Act

When designating the “best system of emission reduction” in its Clean Power Plan, EPA considered several factors far beyond the fencelines and control of the regulated power plants. The clear statutory language, context, and regulatory...

Designing CO2 Performance Standards for a Transitioning Electricity Sector: A Multi-Benefits Framework

A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity...

Apples and Oranges: Assessing the Stringency of EPA’s Clean Power Plan

An accurate assessment of the stringency of state emission goals under EPA’s proposed Clean Power Plan compares state emission goals to adjusted state emission rates that incorporate known and reasonably foreseeable measures that will...