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Prevention of significant deterioration (PSD)

Federal Oversight Vs. State Discretion: EPA's Authority to Reject State Permitting Authorities' BACT Determinations Under the CAA's Prevention of Significant Deterioration Program: <I>Alaska Department of Environmental Conservation v. EPA</I>

In Alaska Department of Environmental Conservation (ADEC) v. U.S. Environmental Protection Agency, the U.S. Supreme Court narrowly upheld orders issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§113(a)(5)...

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...

A Tale of Two Theories: The Legal Basis for EPA's Proposed Revision to the Routine Maintenance, Repair, and Replacement Exception, and the Implications for Administrative Law

How many lawyers, regulators, engineers, and contractors does it take to change a light bulb? Lots, if you happen to be changing the light bulb at a "stationary source" of pollution, and the bulb change counts as a "modification" of the...

Sand Through the Hourglass: PSD Enforcement and the Statute of Limitations

In 1977, the U.S. Congress amended the Clean Air Act (CAA)1 to codify a new source review (NSR) program for major new or modified sources in areas that attain national ambient air quality standards (NAAQS)....

A Primer on New Source Review and Strategies for Success

New Source Review for the Prevention of Significant Deterioration

Air pollutants affect both human health and the health of ecosystems. The U.S. Congress enacted the Clean Air Act (CAA) to try to reduce harmful air...

Through the Looking Glass: Regional Haze and Visibility Considerations for Industry

Regional haze and visibility impairment results from particles and gases in the atmosphere scattering and absorbing light.1 The primary pollutants that affect visibility throughout much of the United States are...

Tribal Authority Over Air Pollution Sources on and off the Reservation

Editors' Summary: Tension regarding state and tribal sovereignty over issues affecting Native American reservations has been on the increase for decades. Among these issues, protection of the environment is one of the most prominent...

The Proposed WEPCo Rule: Making the Problem Fit the Solution

Editors' Summary: EPA's final decision on its proposed WEPCo rule, which addresses how new Clean Air Act provisions apply to electric utilities, is expected soon. This Article provides a glimpse into the regulatory machinery needed...