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Clean Air Act (CAA)

Federal Control of Air Emissions From New Heavy-Duty Road Vehicles

Heavy-duty road vehicles are subject to a regulatory program administered primarily by the federal government, a program that evolved out of concerns about increasing smog in California in the 1960s. Among the applicable regulations...

How Best to Use CAA 118(d) to Regulate Existing Power Plants' Carbon Emissions

President Barack Obama has directed EPA “to use your authority under §§111(b) and 111(d) of the Clean Air Act to issue standards, regulations, or guidelines, as appropriate, that address carbon pollution from modified, reconstructed,...

The Overwhelming Case for Clean Air Act Reform

Congress designed the current CAA around two fundamental misunderstandings about air pollution, misunderstandings that make the statute clumsy and that hinder further attempts at emissions reductions. The authors describe a new approach...

Should EPA Use Emissions Averaging or Cap and Trade to Implement §111(d) of the Clean Air Act?

Fossil fuel-fired electric generating units (EGUs) account for 40% of the U.S. annual greenhouse gas (GHG) emissions. No federal regulations currently limit those releases. Two months ago, President Barack Obama ordered the U.S....

Effective Clean Air Act Enforcement in the Face of Statute-of- Limitations and Successor Liability Barriers

The volume of NOx and SO2 emissions each year from unregulated, grandfathered power plants demonstrates that the goal of the CAA’s PSD program, to ensure that air quality standards under NAAQS do not in effect become a ceiling, has...

Carbon Capture and Storage (Sequestration)

Carbon dioxide (CO2) is an end product created by the combustion of carbon-based fuel. It is usually released to the atmosphere, and most scientists believe these emissions are a major contributing factor to climate change. Under both...

Offsets Under §111 of the Clean Air Act: The Inconvenient Need for Additionality and the Role of Super-Categories

On the assumption that a trading system can constitute a performance standard for GHGs under the CAA, the question arises whether “offsets” should be creditable for compliance. Crediting reduces compliance costs. For environmental...

With Great Power Comes Clear Accountability: Presidential Influence Over the Ozone NAAQS Reconsideration

In early September 2011, President Barack Obama rejected EPA’s draft rule to reconsider the 2008 ozone national ambient air quality standard (NAAQS) based on the OIRA’s recommendation. The letter from OIRA Administrator Cass Sunstein...

Hybridizing Federal and State Regulation of Clean Taxis Introduction

For years, attempts by states and localities to regulate vehicular emissions have been thwarted by the Supreme Court’s environmental preemption doctrine. These preemption cases emphasize textual, plain-meaning interpretations of the...

Information Quality and Credibility in Risk Assessment: Section 307(d) Rulemakings Under the Clean Air Act

The credibility of a human health risk assessment depends, in the first instance, on what it actually says. The facts need to be accurate, the analysis needs to be rigorous, and the conclusions need to flow rationally from the...