Black carbon, a component of soot and particulate matter, competes closely with methane as the largest anthropogenic contributor to global warming after carbon dioxide. Regulation of black carbon has been identified as an affordable, politically feasible, fast-action means to mitigate the warming temperatures caused by climate change.

Environmental credit markets for mitigating impacts to wetlands, endangered species, water quality, and carbon emissions have been established throughout the United States. Recently, there has been much debate about whether a conservation project should be allowed to produce credits for multiple markets, a practice broadly referred to as credit stacking.

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).