New journal issue on using the Clean Air Act to address greenhouse gas emissions

UCLA’s Journal of Environmental Law and Policy has just published its current issue, Volume 30, with all its content available free online in pdf format.  This volume is a special symposium issue, featuring articles relating to the use of the Clean Air Act to address greenhouse gas emissions.  Several of the articles’ authors were speakers at our 2011 environmental law conference, Perspectives on Climate Change, Pollution, and the Clean Air Act.

The content includes articles on cutting-edge issues relating to the use of the Clean Air Act to combat climate change.  Rhead Enion’s article addresses the use of the New Source Performance Standards section of the Clean Air Act to develop a cap-and-trade program for greenhouse gases.  Alice Kaswan’s article examines the opportunities and risks that greenhouse gas regulation under the Act would create for the management of co-pollutants (with potentially significant environmental justice implications).  Robert B. Moreno & Peter Zalzal provide a critique of challenges to EPA’s efforts so far to address GHG emissions under the Act, arguing that EPA’s regulatory initiatives have been reasonable and the challenges have been disproportionate to the EPA’s modest efforts.  Craig Oren argues that the setting of ambient air quality standards for GHGs would be both legally difficult to justify, and unlikely to be as effective as other legal avenues.  Kassie Siegel, Kevin Bundy, and Vera Pardee argue to the contrary that setting ambient air quality standards for GHGs will provide significant benefits.  Katherine Trisolini argues that the Supreme Court’s recent decision to bar a public nuisance lawsuit brought by states against major GHG emitters will be a boon for climate change regulation in the end.  And finally, Colin Hagan examines the application of the Clean Air Act to control lifecycle GHG emissions from sources that generate energy.

Here is the list of articles, all of which are available online:

M. Rhead Enion, USING SECTION 111 OF THE CLEAN AIR ACT FOR CAP-AND-TRADE OF GREENHOUSE GAS EMISSIONS: OBSTACLES AND SOLUTIONS

Alice Kaswan, CLIMATE CHANGE, THE CLEAN AIR ACT, AND INDUSTRIAL POLLUTION

Robert B. Moreno & Peter Zalzal, GREENHOUSE GAS DISSONANCE: THE HISTORY OF EPA’S REGULATIONS AND THE INCONGRUITY OF RECENT LEGAL CHALLENGES

Craig N. Oren, WHEN MUST EPA SET AMBIENT AIR QUALITY STANDARDS? LOOKING BACK AT NRDC V. TRAIN

Kassie Siegel, Kevin Bundy, & Vera Pardee, STRONG LAW, TIMID IMPLEMENTATION. HOW THE EPA CAN APPLY THE FULL FORCE OF THE CLEAN AIR ACT TO ADDRESS THE CLIMATE CRISIS

Katherine A. Trisolini, THE SWEET TASTE OF DEFEAT: AMERICAN ELECTRIC POWER CO. V. CONNECTICUT AND FEDERAL GREENHOUSE GAS REGULATION

Colin R. Hagan, CLOSING THE GAP: USING THE CLEAN AIR ACT TO CONTROL LIFECYCLE GREENHOUSE GAS EMISSIONS FROM ENERGY FACILITIES

Congratulations to the JELP staff, including Editor-in-Chief Abigail Stecker, on publishing such an interesting, timely, and policy-relevant volume!

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