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National ambient air quality standards (NAAQS), §109

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...

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...

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...

The Clean Air Act 2005 Severe Ozone Nonattainment Deadline: A Prime Opportunity to Realize the Goals of the Clean Air Act

I. Introduction

The Clean Air Act (CAA) has been appropriately heralded as one of the greatest environmental laws ever established. The intractable problem of ozone pollution, however, continues to affect nearly one-half of all...

The Supreme Court Forces a U-Turn: The Fate of American Trucking

In American Trucking Ass'n v. U.S. Environmental Protection Agency (ATA I), a panel of the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit shocked the administrative and environmental law worlds. There, the court, in a...

Considering Alternatives: The Case for Limiting CO2 Emissions From New Power Plants Through New Source Review

Anthropogenic emissions of carbon dioxide (CO2) and other greenhouse gases are changing the earth's climate in ways that could lead to catastrophe. The United States is the largest emitter of these gases, producing almost one-fourth of...

New Source Review: Should It Survive?

The Clean Air Act's (CAA's) new source review (NSR) program has not been effective. Some of the worst emitters of air pollutants today were among the worst polluters when control of new source emissions by the CAA began in 1970....

The Nondelegation Doctrine: Fledgling Phoenix or Ill-Fated Albatross

Prior to the New Deal, the American judiciary was highly suspicious of regulatory legislation, which was viewed as upsetting the common law's support for private property interests and freedom of contract. Laissez-faire policies reigned...

Run Over by American Trucking Part II: Can EPA Implement Revised Air Quality Standards?

Editors' Summary: In the second of two Articles, Professor Craig. N. Oren examines the controversial recent opinion, and subsequent denial of rehearing en banc, in American Trucking Ass'n v. U.S. Environmental Protection Agency...

Run Over by American Trucking Part I: Can EPA Revive Its Air Quality Standards?

Editors' Summary: In the first of two Articles, Professor Craig N. Oren examines the recent "blockbuster" opinion in American Trucking Ass'n v. United States Environmental Protection Agency, in which a panel of the D.C....