Strengths and Weaknesses of Regulating Greenhouse Gas Emissions Using Existing Clean Air Act Authorities

Strengths and Weaknesses of Regulating Greenhouse Gas Emissions Using Existing Clean Air Act Authorities
Author: United States House of Representatives
Publisher:
Total Pages: 176
Release: 2019-10-19
Genre:
ISBN: 9781700785404

Strengths and weaknesses of regulating greenhouse gas emissions using existing Clean Air Act authorities: hearing before the Subcommittee on Energy and Air Quality of the Committee on Energy and Commerce, House of Representatives, One Hundred Tenth Congress, second session, April 10, 2008.

Combating Climate Change with Section 115 of the Clean Air Act

Combating Climate Change with Section 115 of the Clean Air Act
Author: Michael Burger
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2020-10-30
Genre: Law
ISBN: 178643461X

Editor Michael Burger brings together a comprehensive assessment of how one statutory provision – Section 115 of the Clean Air Act, “International Air Pollution” – provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action.

The EPA and the Clean Air Act

The EPA and the Clean Air Act
Author: Ashley B. Roberts
Publisher:
Total Pages: 0
Release: 2011
Genre: Greenhouse gases
ISBN: 9781617289378

Although addressing greenhouse gases is a leading priority of the President and many members of Congress, the ability to limit these emissions already exists under Clean Air Act authorities that Congress has enacted. In response to the Supreme Court decision, EPA has begun the process of using this existing authority, issuing an "endangerment finding" for greenhouse gases and proposing greenhouse gas (GHG) regulations for new motor vehicles. This book reviews the various options that the EPA could exercise to control GHG emissions from stationary sources under the Act.

Better Air

Better Air
Author: Jessica Lincoln-Oswalt
Publisher:
Total Pages: 0
Release: 2011
Genre: Air
ISBN: 9781614707240

The authorities and responsibilities of the Environmental Protection Agency (EPA) derive primarily from a dozen major environmental statutes. This book provides a concise summary of one of those statutes, the Clean Air Act. It provides a brief history of federal involvement in air quality regulation and of the provisions added by legislation in 1970, 1977 and 1990. It also explains major authorities contained in the Act as well as key terms and references for more detailed information on the Act and its implementation.

The Once and Future Clean Air Act

The Once and Future Clean Air Act
Author: Nicholas Bryner
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

The Clean Air Act is one of Congress' greatest success stories--a major piece of legislation, passed in the context of environmental and public health crises, that has driven technological change through regulation that has dramatically improved air quality even in a prolonged period of economic growth. However, in the context of climate change, despite many efforts since the 1990s, the Clean Air Act has not proven to be a successful legislative tool, due to complex obstacles in the statutory language and a trend in Supreme Court jurisprudence--leading up to and including the June 2022 decision in West Virginia v. EPA--that is skeptical of administrative agency authority.Then, in August 2022, the Inflation Reduction Act (IRA) broke through the congressional logjam. The IRA is the most significant piece of climate legislation in U.S. history, with a commitment of $369 billion in spending on energy security and climate change programs over the next decade. Research groups have estimated that the Act will result in major reductions in U.S. greenhouse gas emissions--nearly 40 percent below 2005 levels. The IRA is spending bill, not a regulatory one, reflecting a highly constrained legislative environment in which filibuster rules and partisan intransigence mean that policy-by-spending is the only feasible option, not only for environmental issues but a broad range of social programs and priorities. Yet the IRA--despite these characteristics and the legislative and judicial context--will have important regulatory consequences.The Clean Air Act gives the Environmental Protection Agency (EPA) statutory authority to set strict standards that are, in part, based on a determination of what clean technologies are already available--through the “adequately demonstrated” standard in Section 111 and other requirements to balance environmental benefits with cost and/or technological feasibility. As the IRA works to lower costs and increase the market share of clean energy technologies, EPA will, by the end of the 2020s, be able to promulgate stronger technology-based standards--both more stringent in nature and more legally secure--than would otherwise be the case. Despite the limitations of spending policy, the IRA can play an important role in bringing about an effective energy transition, allowing the EPA to return to the original idea of “technology forcing” in the Clean Air Act and consolidate, through prescriptive regulation, the technological advances ushered in by federal spending programs.