Tag Archive | "clean air act"

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Mass v. EPA’s legacy of “absurd results”

Last week I posted several excerpts from EPA’s “Tailoring Rule,” which confirm that the Supreme Court, in Massachusetts v. EPA (April 2007), set the stage for an economically ruinous administrative quagmire.

To reiterate:

EPA, in response to Mass v. EPA, proposes to establish greenhouse gas (GHG) emission standards for new motor vehicles.
Once those standards are adopted, carbon dioxide (CO2) automatically becomes a “pollutant subject to regulation” under the Clean Air Act’s Prevention of Significant Deterioration (PSD) pre-construction permitting program and Title V operating permits…

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Posted in Global Warming, LegalComments (1)

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EPA proposes illegal rule

Yesterday, the U.S. Environmental Protection Agency (EPA) sent a draft proposed rule to the Office of Management and Budget (OMB) that would exempt small emitters of carbon dioxide (CO2) from Clean Air Act (CAA) pre-construction permitting requirement, Greenwire reports.

The proposed rule, as described in Greenwire, is blatantly illegal. It is a tacit admission that the Supreme Court decision in Massachusetts v. EPA set the stage for an economic disaster. It is additional evidence that Mass v. EPA was wrongly decided. It confirms CEI’s…

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Posted in Global WarmingComments (2)

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Will carbon market woes tilt U.S. pols towards carbon taxes, CAA regulation?

In today’s Guardian, Juliana Glover reports that carbon permit prices in Europe’s Emission Trading System (ETS) have crashed from €31 last summer to €8 today. This price is too low to create any incentive for covered entities to invest in ‘green’ technology.

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State AGs Give EPA Administrator Lisa Jackson (recycled) bum advice

In a letter dated 5 February 2009, 17 state attorneys general (AGs) plus three other non-federal officials urge EPA Administrator Lisa Jackson to respond to the Supreme Court case of Massachusetts v. EPA (2007) by issuing a finding that greenhouse gas (GHG) emissions from new motor vehicles cause or contribute to “air pollution” that may reasonably be anticipated to endanger public health and welfare.

To explain why EPA should make an endangerment finding, the AGs quote from EPA’s July 2008 Advanced Notice…

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What Obama Means for Environmental Policy

My colleagues will be providing some commentary on what an Obama presidency means, realistically, for global warming policy. Here, I’m going to comment on environmental policy more generally.

First, I suspect that we will see the EPA Administrator raised to cabinet rank. With this will come a more radical and assertive EPA. This should not be surprising. Even within this Administration, the EPA has been flexing its muscles. The issuance of the Advance Notice of Proposed Rulemaking on regulating greenhouse gases…

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