Presidential Authority Over EPA Rulemaking Under the Clean Air Act
Published in Environmental Law, Volume 44, Issue 1 (Lewis & Clark Law School)
41 Pages Posted: 17 Apr 2014 Last revised: 3 Jun 2014
Date Written: August 8, 2013
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.
Keywords: air pollution, ozone, Clean Air Act, EPA, NAAQS, national ambient air quality standards
JEL Classification: K23, K32, Q25, D73
Suggested Citation: Suggested Citation