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The Clean Air Act's New Source Review Program: Beneficial to Public Health or Merely a Smoke-and-Mirrors Scheme?

Journal of Land, Resources & Environmental Law, Vol. 29, p. 361, 2009

15 Pages Posted: 21 Oct 2008 Last revised: 9 Apr 2014

William S. Eubanks II

Meyer Glitzenstein & Eubanks LLP; Vermont Law School

Abstract

This article discusses critical issues affecting both our nation's environmental laws and public health in the context of electric utility regulation. First, the article presents the history of the Clean Air Act and its New Source Review program from a public health perspective. Next, the article focuses on the Environmental Protection Agency's attempts to undermine both the New Source Review program and our nation's public health because of political and economic interests. Finally, the article concludes by dissecting the United States Supreme Court decision in Duke Energy and by assessing the future of the New Source Review program in a post-Duke Energy world.

Keywords: Clean Air Act, New Source Review, Prevention of Significant Deterioration, emissions, public health, coal-fired power plant, utility regulation, EPA, mercury, carbon dioxide, Supreme Court, Duke Energy

Suggested Citation

Eubanks, William S., The Clean Air Act's New Source Review Program: Beneficial to Public Health or Merely a Smoke-and-Mirrors Scheme?. Journal of Land, Resources & Environmental Law, Vol. 29, p. 361, 2009 . Available at SSRN: https://ssrn.com/abstract=1286962

William S. Eubanks II (Contact Author)

Meyer Glitzenstein & Eubanks LLP ( email )

2601 S. Lemay Avenue
Unit 7-240
Fort Collins, CO 80525
United States

Vermont Law School

South Royalton, VT 05068
United States

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