The Intersection of Climate Change and Clean Air Act Stationary Source Programs

42 Pages Posted: 28 Sep 2012

See all articles by Arnold W. Reitze

Arnold W. Reitze

University of Utah - S.J. Quinney College of Law

Date Written: 2011

Abstract

This article deals with Clean Air Act (CAA) legal developments since mid-2010 relating to the control of greenhouse gases (GHGs). It briefly covers federal domestic legislative proposals and then focuses on the regulation of carbon dioxide (CO2) based on the Clean Air Act. It covers GHG reporting requirements, CO2 as a criteria pollutant, construction and operating permits, new source performance standards, hazardous pollutant standards, and interstate transport. It also covers the use of the CAA to prevent the construction and operation of coal-fired electric power plants by increasing the cost of generating electricity due to increasingly stringent air pollution control requirements imposed on traditional air pollutants. It concludes that because Congress appears incapable of developing an energy policy that protects both the environment and the economy, EPA will continue its efforts to use the CAA to make coal too expensive to burn.

Keywords: air pollution, Clean Air Act, climate change, electric power, coal, carbon, carbon dioxide

JEL Classification: K23, K32, L52, L94, Q30, Q38

Suggested Citation

Reitze, Arnold W., The Intersection of Climate Change and Clean Air Act Stationary Source Programs (2011). Arizona State Law Journal, Vol. 43, No. 901, 2011. Available at SSRN: https://ssrn.com/abstract=2153842

Arnold W. Reitze (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801 581 6833 (Phone)

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