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Environmental Law

Selected Works

2014

Clean Air Act

Articles 1 - 4 of 4

Full-Text Articles in Law

Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein Dec 2014

Climate Change Under Nepa: Avoiding Cursory Consideration Of Greenhouse Gases, Amy L. Stein

Amy L. Stein

Neither the National Environmental Policy Act (“NEPA”) nor its implementing regulations require consideration of climate change in NEPA documentation. Yet an ever-growing body of NEPA case law related to climate change is making it increasingly difficult for a federal agency to avoid discussing the impacts of those emissions under NEPA in its Environmental Impact Statements (“EISs”). Although consideration of climate change in NEPA documents sounds right in theory, within the current legal framework, the NEPA documents provide only lip service to the goals of NEPA without any meaningful consideration of climate change. An empirical evaluation of two years of selected …


Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival Jul 2014

Presidential Power To Address Climate Change In An Era Of Legislative Gridlock, Robert V. Percival

Robert Percival

No abstract provided.


Controlling Power Plants: The Co-Pollutant Implications Of Epa's Clean Air Act § 111(D) Options For Greenhouse Gases, Alice Kaswan May 2014

Controlling Power Plants: The Co-Pollutant Implications Of Epa's Clean Air Act § 111(D) Options For Greenhouse Gases, Alice Kaswan

Alice Kaswan

Existing power plants are the nation’s largest single source of carbon emissions. In the absence of comprehensive federal climate change, EPA is forging ahead with power plant controls through § 111(d) of the Clean Air Act. This article focuses on one critical consideration: the ancillary impacts of carbon controls on associated co-pollutants, like sulfur oxides, particulates, nitrogen oxides, and mercury. The article focuses on an array of regulatory options, including both “inside-the-fence” reductions at power plants and “outside-the-fence” measures that reduce power sector emissions, like renewable energy and consumer energy efficiency. The article then evaluates the co-pollutant consequences of several …


Regulation Of Greenhouse Gases And Other Air Pollutants In The First Obama Administration And Major Air Issues For The Second Term, Patricia Mccubbin Feb 2014

Regulation Of Greenhouse Gases And Other Air Pollutants In The First Obama Administration And Major Air Issues For The Second Term, Patricia Mccubbin

Patricia Ross McCubbin

President Barack Obama has made addressing climate change the centerpiece of his environmental policy. Most recently, on June 25, 2013, the President gave a groundbreaking speech detailing the steps his administration will take to reduce greenhouse gas emissions throughout the United States. Of great controversy, the President directed the U.S. Environmental Protection Agency (EPA) to limit emissions of greenhouse gases from both new and existing power plants, which represent 40% of total U.S. carbon emissions. The President’s call to action – in his June 2013 speech and throughout his first term – stands in stark contrast to Congress’s inability to …