H.R. 1435
would amend the CAA to prevent the elimination of the sale of internal combustion engines.
would amend the CAA to prevent the elimination of the sale of internal combustion engines.
would repeal §134 of the CAA, relating to the greenhouse gas reduction fund.
would amend §§111, 169, and 171 of the CAA to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction.
would amend the CAA to prohibit the EPA Administrator from imposing a fee on certain facilities for methane emissions.
The Inflation Reduction Act (IRA) of 2022 added seven new sections to the Clean Air Act (CAA) and provided the U.S. Environmental Protection Agency (EPA) with substantial new authorities and resources. This Article examines these new amendments and the EPA-related provisions of the IRA, and explains the major implications of this historic legislation. It describes how the IRA confirms that reduction of greenhouse gases (GHGs) is a core goal of the CAA, that the funding provided should allow EPA to increase the ambition of its CAA rulemakings, and that the IRA confirms applicability of the CAA to GHGs in three important, specific areas: California’s ability to regulate GHG emissions from vehicles; EPA’s authority to regulate methane emissions from oil and gas facilities; and EPA’s authority to regulate GHG emissions from power plants.
would amend the CAA to create a national zero emission vehicle standard.
would amend the CAA to create a national zero emission vehicle standard.
would amend the CAA with respect to the ethanol waiver for Reid vapor pressure under the Act.
would amend the CAA with respect to the ethanol waiver for Reid vapor pressure under the Act.
On October 29, 2021, the U.S. Supreme Court granted certiorari in West Virginia v. Environmental Protection Agency, a petition filed by several states and coal companies attacking the U.S. Environmental Protection Agency's (EPA’s) regulatory authority under the Clean Air Act (CAA). The Court’s holding in this case would determine EPA’s continued ability to use the CAA—including the national ambient air quality standard (NAAQS) program—as a climate change tool. The Court saved its ruling until June 30, 2022, the last day of a drama-filled term. This Comment summarizes the Court's ruling and examines how its specific and more general analyses apply to NAAQS and other CAA provisions, concluding that NAAQS and several other regulatory options—particularly EPA’s proposed methane regulations—remain viable. It also explores the relevance of regulatory options in light of the newly enacted Inflation Reduction Act, adopted just a month and a half after the Court’s ruling.
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