This article will endeavor to explain the regulation of greenhouse gases under the Clean Air Act, focusing on and explaining the provisions of the Clean Air Act relied on by the Environmental Protection Agency to justify or support that regulation. The article will examine the CAA’s applicable definitions and provisions, the Supreme Court’s interpretation of those provisions in the seminal case of Massachusetts v. EPA, the various findings and rules published in the wake of Massachusetts v. EPA, the recent case law interpreting the validity of these findings and rules, the major rules regulating greenhouse gases which have been issued or proposed by the Environmental Protection Agency, and the likely future of greenhouse gases regulation. Continue reading “The Clean Air Act And The Basis for Regulation of Greenhouse Gases–Part 1”
The National Ambient Air Quality Standards (NAAQS) are air quality standards that are set for pollutants, such as ozone and sulfur dioxide (SO2), at levels necessary to protect the public from adverse effects from that pollutant. If an area exceeds the level, controls and restrictions are placed on emission sources within the area until the standard is achieved.
However, while these controls and restrictions may serve to reduce the level of pollutants over time, they also serve to make growth and expansion more expensive and difficult. A company seeking to construct or expand a facility in a non-attainment area generally must spend additional money to install the mandated air pollution control equipment. These added costs, along with additional permitting costs, may make the project too expensive. In turn, suppliers, contractors, and others who might be involved in the project do not realize that opportunity. Anyone doing business in the Houston or Baton Rouge areas know the limitations imposed by a failure to attain the NAAQS for ozone. Continue reading “Recent EPA Decisions Impacting Business Opportunities”