Tag Archives: Clean Air Act

Which Sovereign Merits Arbitrary & Capricious Deference in Clean Air Act Federalism Disputes?, by William Yeatman

by Guest Blogger — Tuesday, July 11, 2017

The Clean Air Act assigns certain fact-based judgments to the EPA, such as setting industry-wide New Source Performance Standards or Maximum Achievable Control Standards. And the Act assigns other such decisions to the states, subject to federal review, including case-by-case determinations of Best Available Control Technology and Best Available Retrofit Technology. This post seeks to […]

Wrapping Your Head Around the Clean Power Plan

by Bruce Huber — Wednesday, Mar. 11, 2015

Step aside, Affordable Care Act. If you aren’t already, get used to hearing about the Clean Power Plan. Perhaps the most ambitious regulatory effort ever put forward by the EPA, the Plan represents the largest, farthest-reaching component of the Obama Administration’s response to greenhouse gas (GHG) emissions and climate change. So far, we’ve only seen […]

FERC and EPA: Better Together? (Part 2)

by Bruce Huber — Tuesday, Dec. 30, 2014

This is the second part of a discussion about the relationship between FERC and EPA. In Part 1, I explained that Congress has generally written its environmental statutes without regard for its energy statutes, and vice versa. Recent environmental regulatory activity—in particular, two massive initiatives announced by EPA in 2014—has heightened concerns that EPA and […]

FERC and EPA: Better Together?

by Bruce Huber — Wednesday, Dec. 24, 2014

I’m exploring a few issues in energy regulation that are likely to attract the attention of the 114th United States Congress. My previous post discussed the Nuclear Regulatory Commission’s regulation of high-level nuclear waste management; in this post, I want to take a look at the relationship between FERC and EPA and how some recent regulatory […]