TITLE

The Difficulty of Fencing in Interstate Emissions: EPA's Clean Air Interstate Rule Fails to Make Good Neighbors

AUTHOR(S)
Moren, Harry
PUB. DATE
May 2009
SOURCE
Ecology Law Quarterly;2009, Vol. 36 Issue 2, p525
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Airborne pollutants from electricity generation, such as sulfur dioxide and nitrogen oxides, may travel long distances from their sources and routinely cross state boundaries. It is difficult for individual states to control the harmful health and environmental effects of these emissions, and often they are unable to meet ozone and particulate matter national ambient air quality standards mandated by the Clean Air Act. The US. Environmental Protection Agency (EPA) attempted to resolve this interstate pollution problem by promulgating the Clean Air Interstate Rule, which established a cap-and-trade system for sulfur dioxide and nitrogen oxides emissions originating in many eastern states. However, the District of Columbia Court of Appeals, in its recent decision North Carolina v. EPA, found the rule inconsistent with the Clean Air Act and surprised all interested parties by vacating the rule. In this Note, I first discuss the regulatory history behind CAIR, including previous sulfur dioxide and nitrogen oxides emissions reductions programs established by Congress, EPA, and a group of northeastern states, respectively. I then explain the relevant aspects of CAIR and summarize why the D.C. Circuit invalidated it. Next, I explore the theory of using market-based approaches-such as cap-and-trade systems-as compared to traditional command-and-control approaches to achieve emissions reductions, focusing on the context of sulfur dioxide and nitrogen oxides emissions. Finally, I recommend design features for the future revision of EPA rule.
ACCESSION #
43800539

 

Related Articles

  • SO2 and NOx Allowance Trading Markets in Shambles in Wake of CAIR Decision.  // Venulex Legal Summaries;2008 Q3, following p4 

    The article looks at the impact on sulfur dioxide (SO2) and nitrogen oxide (NOx) allowance markets of the U.S. Court of Appeals for the D.C. Circuit decision that vacates the Clean Air Interstate Rule (CAIR) of the Environmental Protection Agency (EPA). The court found the cap-and-trade programs...

  • EPA's Clean Air Interstate Rule (CAIR) vacated by D.C. Circuit Court of Appeals.  // Venulex Legal Summaries;2008 Q3, following p2 

    The article reports on the ruling of the District of Columbia Circuit Court of Appeals in the case North Carolina versus the Environmental Protection Agency (EPA) which vacates the Clean Air Interstate Rule (CAIR) on July 11, 2008. The aim of the promulgation of CAIR is to implement Section...

  • Clean Air Mercury Rule -- A Dead Letter.  // Venulex Legal Summaries;2008 Q2, following p2 

    The article reports that the petitions to rehear a decision against the Clean Air Mercury Rule (CAMR) were rejected by the U.S. Court of Appeals for the District of Columbia Circuit. The judges sided with a group of state and environmental interest parties who stated that the U.S. Environmental...

  • EPA's Attempt to Regulate Cross-State Air Pollution Dismantled. Godshall, Lauren E. // Environmental Litigation Committee Newsletter;Fall2012, Vol. 24 Issue 1, p22 

    The article reports on the opinion issued by the U.S. Court of Appeals for the Circuit of the District of Columbia addressing the legality of the Environmental Protection Agency's (EPA) attempt to regulate nitrogen oxides and sulfur dioxide produced by coal-fired electric-generating power plants...

  • DC Circuit Invalidates EPA's CAIR Program.  // Venulex Legal Summaries;2008 Q3, Special section p1 

    The article reports on the decision of the District of Columbia (DC) Court of Appeals to invalidate the Clean Air Interstate Rule (CAIR) program of the U.S. Environmental Protection Agency (EPA) in the State of North Carolina versus EPA case. CAIR was issued on March 10, 2005 to require 28...

  • Decision Upholds Revised Air Permitting Rules. Carter, Charles; Lenhardt, Cody // South Carolina Business Journal;Sep2005, Vol. 24 Issue 9, p5 

    The article cites a recent decision by the District of Columbia (D.C) Court of Appeals, that will allow industry and manufacturing to proceed more efficiently when seeking air emission permits and avoid the pitfalls of what had become a tedious and often cost-prohibitive permitting process. In a...

  • Court of Appeals Strikes Down Transport Rule. UKEILEY, ROBERT // Solar Today;Mar2013, Vol. 27 Issue 2, p12 

    The article offers information on the rejection of the Cross-State Air Pollution Rule of the U.S. Environmental Protection Agency by the U.S. Court of Appeals in August 2013.

  • US court stays EPA's cross-state pollution rule.  // Modern Power Systems;Feb2012, Vol. 32 Issue 2, p4 

    The article reports on the move of the U.S. Court of Appeals for the District of Columbia Circuit (D. C. Circuit) on the U.S. Environmental Protection Agency's (EPA)'s Cross-State Air Pollution Rule (CASPR). It states that the court has granted EPA's rule to stay under validity until a complete...

  • Eight-Hour Ozone Rule Struck Down.  // Motor Age;Feb2007, Vol. 126 Issue 2, p71 

    The article reports on the decision of the District of Columbia Circuit of the U.S. Court of Appeals to struck down the relaxed eight-hour ozone standard of the U.S. Environmental Protection Agency (EPA). The court said that the EPA has infracted the Clean Air Act. It is said that the agency...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics