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National ambient air quality standards (NAAQS), §109

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....

Sierra Club v. Whitman

The court affirms a February 2001, district court order requiring the U.S. Environmental Protection Agency (EPA) to make an air quality attainment status determination for the St. Louis, Missouri, area and to publish it in the ...

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...

Ober v. Whitman

The court holds that the U.S. Environmental Protection Agency (EPA) has the power under the Clean Air Act (CAA) to adopt de minimis exemptions for sources of pollution from particulate matter having an aerodynamic diameter of 10 microns...

Whitman v. American Trucking Ass'n

The Court holds that the U.S. Environmental Protection Agency (EPA) may not consider implementation costs in setting primary and secondary national ambient air quality standards (NAAQS), that the Clean Air Act (CAA) does not...

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....