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Dc Circuit Says Epa's "Transport Rule" Violates Clean Air Act: Is "Cooperative Federalism On The Rise?", Richard Faulk

Richard Faulk

From a strictly legal perspective, it appears that the term “cooperative federalism” is emerging as a bedrock principle of air pollution policy under the Clean Air Act. Both the DC Circuit and the Fifth Circuit have now recognized that the policy is plainly required – and that this Congressional mandate trumps any less deferential policy that the EPA might wish to pursue. Although the concept cannot be extended further than the language of the Clean Air Act permits, it is a powerful tool for restraining the EPA’s authority.