CAA section 111
The Unique Legal Context of EPA Methane Regulations
Three separate congressional actions intersect to support the regulations.
The government’s efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions. The upshot is to …
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CONTINUE READINGIs EPA Delaying Clean Power Plan Rule to Modify the Proposed Rule for New Power Plants?
EPA announced this week that it will delay issuing both its final Clean Power Plan for greenhouse gases emitted from existing power plants as well as proposed rules for new coal and natural gas fired plants. The agency said it needs the extra time to respond to the 4 million comments it received and to …
CONTINUE READINGGuest Blogger Kate Konschnik: EPA’s 111(d) Authority – Follow Homer and Avoid the Sirens
Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own. Thirty years ago, Chevron v. NRDC set the standard for judicial deference to an agency’s statutory interpretation. In that case, the Supreme Court upheld EPA’s interpretation of Clean Air Act language. This month, …
CONTINUE READINGEPA sends GHG NSPS rules to OMB
On Tuesday, Nov. 4, EPA sent its proposed GHG rule for power plants to the Office of Management and Budget. Not a widely reported story, perhaps because the internet was too busy misquoting EPA Administrator Jackson, who was speaking at Berkeley Law at the time. Or perhaps because we do not actually get the proposed …
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