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Trustees for Alaska v. Fink

The court holds that the city of Anchorage, Alaska, could condition its commitment to a transportation control measure (TCM) in Alaska's state implementation plan (SIP) on the availability of funds. To combat its long-standing air...

Allowable Emissions and Unallowable Discretion: EPA Acid Rain Regulations Violate Congressional Intent of the 1990 Clean Air Act Amendments

Editors' Summary: In 1993, EPA issued its final rules for sulfur dioxide allowance allocations under the acid rain provisions added to the Clean Air Act by the Clean Air Act Amendments of 1990 (1990 Amendments). As part of these...

Alliance for Clean Coal v. Craig

The court holds that the Illinois Coal Act violates the Commerce Clause of the U.S. Constitution. The Act requires public utilities to devise Clean Air Act (CAA) compliance plans and present them to the Illinois Commerce Commission for...

Tribes as States: Indian Tribal Authority to Regulate and Enforce Federal Environmental Laws and Regulations

Editors' Summary: The principles of federalism, state primacy, and tribal sovereignty all impact how federal environmental regulations are implemented and enforced on Indian lands. In recent years, Congress increasingly has crafted...

The New Clean Air Act Operating Permit Program: EPA's Final Rules

Editors' Summary: The Clean Air Act's (CAA's) Title V operating permit program was one of the most significant additions of the 1990 Clean Air Act Amendments. The U.S. Environmental Protection Agency's (EPA's) July 1992 final rules...

Regulation of Hazardous Air Pollutants Under the New Clean Air Act: Technology-Based Standards at Last

Editors' Summary: When Congress amended the Clean Air Act in 1990, it instituted a new approach to the regulation of hazardous air pollutants (HAPs). Although EPA had great discretion in adopting HAP emission standards prior to 1990...

A Clean Air Act Primer: Part III (Chapter 10)

Editors' Summary: This Article is the third in a three-part series on the Clean Air Act and the 1990 amendments. The authors analyze the new permit program mandated by the 1990 amendments, which requires the creation of a state-...

A Clean Air Act Primer: Part II (Chapter 5)

Editors' Summary: In this second of a three-part series on the Clean Air Act and the 1990 amendments, the authors analyze the background of several key Clean Air Act sections, including the prevention of significant deterioration (...

A Clean Air Act Primer: Part I (Chapter 1)

Editors' Summary: On November 15, 1990, President Bush signed into law the Clean Air Act Amendments of 1990, the first comprehensive changes to the Act in 13 years. During the intervening months since its enactment, EPA has geared...

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...