Earth scientist Bill Chameides, dean of Duke's Nicholas School of the Environment and a former chief scientist at the Environmental Defense Fund, urges the administration to use its Clean
Air Act authority to promulgate carbon regulations for existing power plants like it has for new ones: «Doing that will force fuel switching from coal to natural gas.»
An important pending question regarding EPA's use of the Clean Air Act is whether EPA may legally create CO2 cap - and - trade or offset markets under existing Clean
Air Act authority.
Sure, environmentalists will have to adapt to changing circumstances — right now, the focus is on protecting the EPA's Clean
Air Act authority — but does climate activism really need to be completely renovated?
Even if Congress were to eliminate EPA's Clean
Air Act authority over CO2, it would not affect state CO2 regulation, which is far more pervasive than anything EPA has done,
At the same time, EPA has been implementing various programs under its Clean
Air Act authority.
The brief mentions section 202 (motor vehicle standards), section 165 (PSD permitting), section 111 (new source performance standards), and Title V (operating permits) as applicable Clean
Air Act authorities.
Not exact matches
Thruway
Authority Acting Executive Director Matthew J. Driscoll said, «More than 20 million motorists who travel this vital connector each year will soon reap the benefits of cashless tolling which eases congestion, improves safety, and reduces
air pollution.
Even before the storm, the power
authority had been operating under a federal court order for Clean
Air Act violations and was reported to have cheated its ratepayers for many years.
With no chance of Congress enacting legislation to make these targets into actual U.S. law, the White House is depending on using existing
authority under the Clean
Air Act and other laws to set regulations in place on power plant emissions, heavy - duty vehicles and more.
The target and the route to getting there — a combination of Obama using his executive
authority under the Clean
Air Act with a raft of regulations on everything from heavy - duty trucks to buildings — were charted months earlier.
While even supporters of the Clean Power Plan acknowledge the approach as novel, some legal experts see it as too broad an interpretation of EPA's
authority under the Clean
Air Act.
The CEQ also helped shape the U.S. Environmental Protection Agency's (EPA) declaration that it did not have the
authority to regulate greenhouse gas emissions as well as its decision not to declare them a danger to public health under the Clean
Air Act, despite an internal EPA analysis noting that greenhouse gas emissions endangered public welfare.
In the West, the main producers of soot are diesel engines, but the Clean
Air Act gives EPA the
authority to regulate only 9 % of the 11 million diesel engines in use today.
An alternative (or additional) approach is to strip climate change
authority out of the Clean
Air Act entirely.
While the EPA has withdrawn the ill - conceived proposal, the agency continues to assert
authority under the Clean
Air Act (CAA) to regulate the modification of vehicles used solely for competition, and the issue continues to make headlines.
The U.S. Environmental Protection Agency (EPA) continues to assert
authority under the Clean
Air Act to regulate the modification of vehicles used for competition.
Although the agency intends to withdraw the proposal, it continues to assert
authority to regulate the modification of vehicles used for competition under the Clean
Air Act, thereby leaving the racing industry, its businesses and enthusiasts in a state of uncertainty.
The
air holidays shown are ATOL Protected by the Civil Aviation
Authority under license number 6683, and we
act as agents for licensed tour operators; the relevant ATOL number is displayed with each holiday shown.
The Clean
Air Act specifically gives the E.P.A. administrator
authority to «issue an administrative order against any person assessing a civil administrative penalty of up to $ 25,000, per day of violation.»
The relevant legislation (USA) is the Clean
Air Act which grants
authority to regulate CO2 & other greenhouse gasses.
She asked him to explain his dissent in the 2007 case in which the Supreme Court ruled that the Environmental Protection Agency had the
authority to regulate carbon dioxide, the main greenhouse gas emitted by human activities, as a pollutant under the Clean
Air Act.
If EPA had, beginning in 1990, exercised the
authority it got under the Clean
Air Act to regulate mobile sources (vehicles) of the emission of highly carcinogenic aromatics (benzene, toluene, xylene) then OPEC's founding a decade earlier would have had far less consequence.
The administration has the
authority to regulate greenhouse gas emissions under the Clean
Air Act.
As EPA's plan to regulate CO2 emissions from existing power plants — the «Clean Power Plan» or «CPP» — gets closer to being finalized, we've been hearing a lot of talk about how Congress should rein in EPA, by either specifically stopping the CPP or revoking EPA's CO2 regulatory
authority under the Clean
Air Act.
Even a Congress controlled by Democrats will not put a price on carbon, so the Executive Branch has no other practical choice but to use the legal
authority it already has in its hands via the Clean
Air Act if it wants to get the job done of raising carbon fuel prices and constraining carbon fuel supplies.
If Congress were to not only eliminate EPA's regulatory
authority, but take CO2 completely out of the Clean
Air Act, it would still be up to the courts to decide whether or not that would eliminate state
authority over vehicle tailpipe emissions.
The process is especially subject to litigation when the statutory
authority is untested, as it was with Section 111 (d) of the Clean
Air Act, the basis for the Clean Power Plan.
In the wake of the recent «endangerment finding, the IPI analysts conclude that the Environmental Protection Agency (EPA) has sufficient
authority under the Clean
Air Act to create a cap - and - trade system all by itself, without Congressional input:
Recent legal decisions that Earthjustice has helped to secure have affirmed EPA's
authority under the Clean
Air Act to reduce climate pollution from vehicles and industrial facilities, but anti-environmental members of Congress and the dirty energy industry are determined to prevent any action to reduce dangerous climate pollution.
Nothing that right - wing politicians could do short of repealing the Clean
Air Act could stop the EPA from legally decarbonizing America's economy, if the EPA were to be given instructions by the Obama Administration to use its full legal
authority in pursuing that goal.
Obama's plan doesn't go anywhere nearly as far as it might go in reducing America's carbon emissions, if the full
authority of the EPA under the Clean
Air Act were to be vigorously applied.
Provide a price signal strong enough to reduce the need for future regulation of carbon emissions while preserving the EPA's present Clean
Air Act regulatory
authority.
Rud, when I talk to those of the Progressive Left who are most concerned about climate change, and who want the United States to become the leader in finding ways to reduce carbon emissions, they pretty much go silent when I inform them that the EPA has legal
authority under the Clean
Air Act and the 2009 Endangerment Finding to do much more in placing limits on carbon emissions than the agency is actually doing.
Last fall, Representative Paul Gosar (R - AZ) complained that, in enforcing the standards of the Clean
Air Act, the Environmental Protection Agency (EPA) has «overreached» its
authority.
There remains the fact that the EPA's 2009 Endangerment Finding for carbon pollution, written under the
authority of the Clean
Air Act, has been upheld by the US Supreme Court.
In theory, it can be done legally and constitutionally through an integrated combination of two major anti-carbon measures written by the Executive Branch under the
authority of the Clean
Air Act and administered by the EPA.
Section 111 (d) of the Clean
Air Act is likely to be the
authority upon which EPA relies to draft the rule.
Or, said Mills, «Congress has the
authority to pass laws that violate the laws of nature and common sense, or that don't... They can clarify the Clean
Air Act» to prevent it from applying to carbon dioxide.
Under the Clean
Air Act, the Clean Water
Act and other environmental laws, the US Environmental Protection Agency (EPA) has the responsibility and
authority to set and enforce emissions limits for pollutants deemed harmful to human health and the environment.
As I've demonstrated in other posts here on Climate Etc., the President and the EPA Administrator have the legal power and
authority required to largely decarbonize America's economy, if they are willing to apply existing environmental law and regulation to the full extent the Clean
Air Act not only allows, but also demands.
EPA issued the Clean Power Plan (CPP) under the
authority of Section 111 (d) of the Clean
Air Act.
If they don't enact a stiff tax on carbon in 2021; and if they don't start using the full legal
authority of the Clean
Air Act to regulate all sources of carbon emissions — implementing what is in effect a carbon fuel rationing scheme — then they can be rightly accused of being totally dishonest and hypocritical in claiming to be concerned about the impacts of climate change.
That club takes the form of Environmental Protection Agency regulation of the gases blamed for the warming of the planet, an
authority granted the agency by the Supreme Court's reading of the Clean
Air Act.
And the Supreme Court has upheld the EPA's
authority to regulate climate pollution under the Clean
Air Act in three previous decisions: Massachusetts v. EPA, AEP v. Connecticut, and last year's UARG v. EPA.
The CPP is unlawful for a multitude of reasons, but surely one of the most bizarre is that EPA's alleged statutory
authority, § 111 (d) of the Clean
Air Act (CAA), prohibits the agency from promulgating any such regulation.
And it's unclear when the Court will actually tackle this question: In Bond, the Court whiffed on a narrower interpretation of the treaty question, and the Obama administration has argued that the Clean
Air Act and the United Nations Framework on Climate Change signed by former President George H.W. Bush are all the
authority the government needs, per the Washington Post — a maneuver designed to avoid provoking a response from the Supreme Court.
President Barack Obama, bypassing a politically divided Congress, is expected to use his executive
authority under the Clean
Air Act to impose the new rules.
But ancillary benefits are still benefits, and the White House has a good reason to hype them given that the legal rationale for the new regulations is rooted in the Clean
Air Act, which gave the EPA the
authority to regulate pollutants that «endanger public health and welfare.»
President Obama promised to use this
authority under the federal Clean
Air Act to reduce greenhouse gases from electric power plants.
This creative argument (or desperate argument, depending on perspective) challenges EPA's
authority per se but relies on an obscure interpretation of an interpretation over non-final agency action under the Clean
Air Act.