Absent legislative intervention, CAA regulation of GHGs is moving beyond mobile sources to the industrial and power facilities that emit significant U.S. GHG emissions. The authors analyze the mechanisms available to EPA for regulating such sources, and identify one, NSPS, as the most predictable, likely, and practical, i.e., knowable, pathway. Indeed, EPA announced in late 2010 that it intends to pursue this pathway.

This Article briefly describes a new basis for the objection that EPA has employed whereby operating permits can be delayed for significant periods of time without the expenditure of significant resources by EPA or environmental groups. In many cases, its use has shifted resource-intensive enforcement questions to the states.

The U.S. Environmental Protection Agency embarked on an ambitious schedule of air pollution rulemaking following the vacatur of several Bush Administration rulemakings. The “transport rule” seeks to cap interstate emissions of sulfur dioxide (SO₂) and nitrogen oxides (NO_x) from power plants to replace the Clean Air Interstate Rule (CAIR).