Presidential Authority Over EPA Rulemaking Under the Clean Air Act
Christopher D. Ahlers
Vermont Law School
August 8, 2013
Published in Environmental Law, Volume 44, Issue 1 (Lewis & Clark Law School)
Vermont Law School Research Paper No. 11-14
Recent efforts to revise the national ambient air quality standards for ozone have revived the longstanding tension between the EPA Administrator and the President with respect to rulemaking under the Clean Air Act. This article explores the differing views regarding the autonomy of the EPA, from the perspectives of the legislative, executive, and judicial branches of government. The article concludes with an analysis of how Presidential interference with EPA rulemaking may make agency decisions more vulnerable to judicial review.
Number of Pages in PDF File: 41
Keywords: air pollution, ozone, Clean Air Act, EPA, NAAQS, national ambient air quality standards
JEL Classification: K23, K32, Q25, D73
Date posted: April 17, 2014 ; Last revised: June 3, 2014
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