Presidential Authority Over EPA Rulemaking Under the Clean Air Act

Published in Environmental Law, Volume 44, Issue 1 (Lewis & Clark Law School)

Vermont Law School Research Paper No. 11-14

41 Pages Posted: 17 Apr 2014 Last revised: 3 Jun 2014

Christopher D. Ahlers

Vermont Law School

Date Written: August 8, 2013

Abstract

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

Ahlers, Christopher D., Presidential Authority Over EPA Rulemaking Under the Clean Air Act (August 8, 2013). Published in Environmental Law, Volume 44, Issue 1 (Lewis & Clark Law School); Vermont Law School Research Paper No. 11-14. Available at SSRN: https://ssrn.com/abstract=2343253

Christopher D. Ahlers (Contact Author)

Vermont Law School ( email )

8163 Oak Leaf Lane
Williamsville, NY 14221
United States
716-636-4830 (Phone)

HOME PAGE: http://www.vermontlaw.edu/Our_Faculty/Faculty_Directory/Christopher_Ahlers.htm

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