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Clean Air Act (CAA)

Section 111(d) and the Clean Power Plan: The Legal Foundation for Strong, Flexible, and Cost-Effective Carbon Pollution Standards for Existing Power Plants

EPA’s Clean Power Plan is a rational, solid rulemaking designed to deliver flexible, efficient control of greenhouse gas emissions from existing fossil fuel-fired power plants. EPA has identified the best system of emission reduction...

Historical Perspectives on §111(d) of the Clean Air Act

Looking at the history of the Clean Air Act provides some guidance on what Congress intended when it required the “best system of emission reduction” under §111(d) and on EPA’s supervisory authority over state plans. But the drafting...

Dedicated ELR Issue on the Proposed Clean Power Plan: Introduction

On June 18, 2014, EPA officially proposed the Clean Power Plan—a rule that aims to reduce CO2 emissions from the nation’s existing fleet of fossil fuel-fired power plants. The proposal was developed pursuant to CAA §111(d), a section of...

EPA’s Fine Particulate Air Pollution Control Program

This Article discusses the U.S. Environmental Protection Agency’s program to control fine particulate emissions 2.5 microns or smaller (PM2.5) in areas that fail to meet the national ambient air quality standards. The Article covers the...

International Climate Action Without Congress: Does §115 of the Clean Air Act Provide Sufficient Authority?

The ongoing rancor in Congress over climate change makes it unlikely that the United States will ratify a treaty as a successor to the Kyoto Protocol. Executive agreements are often seen as interchangeable with Article II treaties, and...

Comparing the Clean Air Act and a Carbon Price

Over the last half-decade, a variety of federal legislative proposals for limiting greenhouse gas (GHG) emissions have been put forward, most of which would set a price on carbon. As of early 2013, the one politically plausible policy...

Regulation of CO2 Emissions From Existing Power Plants Under §111(d) of the Clean Air Act: Program Design and Statutory Authority

EPA is establishing carbon dioxide (CO2) emission standards for existing electric generating units (EGUs) under §111(d) of the Clean Air Act (CAA). The prospect of undertaking such a significant regulatory program under the authority of...

Fundamental Inconsistencies Between Federal Biofuels Policy and Their Implications

Biofuel policies under the Renewable Fuel Standard (RFS) housed in the CAA and administered by EPA and under the Internal Revenue Code administered by the Internal Revenue Service are reviewed to demonstrate inconsistencies not only...

Resolved: EPA and States Can Regulate Emissions Outside the Facility Fence Line Under Clean Air Act §111

Whether U.S. EPA and states can regulate emissions outside the facility fence line is a critical factor in shaping the regulatory response to climate change using Clean Air Act §111. There has been much rhetoric about the...

The Clean Air Act: An Environmental Veneer for Protectionism?

The Clean Air Act (CAA) was founded on the principle that a maximum safe national ambient air quality standard (NAAQS) concentration existed for each pollutant. Once those concentrations were defined, emission limitations for...