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Greenhouse gases

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...

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...

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...

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...

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...

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...

Obama Administration Efforts to Control Stationary Source Greenhouse Gas Emissions Through Rulemaking

The Obama EPA has put forth several actions to regulate the emissions of greenhouse gases from stationary sources. These regulatory developments take place in the context of failed efforts to pass comprehensive federal legislation and...

AEP v. Connecticut—Global Warming Litigation and Beyond

On June 21, 2011, the U.S. Supreme Court in American Electric Power (AEP) v. Connecticut held that the Clean Air Act (CAA), and the U.S. Environmental Protection Agency (EPA) actions it authorized, displaced any federal common-...

The Supreme Court’s AEP Decision: Snatching Climate Change Solutions Victory From the Jaws of Defeat

In today’s politically polarized environment, legislative and judicial actions tend to be characterized as either stunning victories or crushing defeats. The next-day media reporting and hyperbolic press...

Federal Control of Carbon Capture and Storage

The United States has economically recoverable coal reserves of about 261 billion tons, which is in excess of a 250-year supply based on 2009 consumption rates. However, in the near future, the use of coal may...