Clean Air Act (CAA)
H.R. 165
Update Type
Committee Name
Committee on Energy and Commerce
Sponsor Name
Griffith
Sponsor Party Affiliation
R-Va.
Issue
3
Volume
53
Update Issue
2
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H104

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.

The Clean Air Act Amendments of 2022: Clean Air, Climate Change, and the Inflation Reduction Act
Author
Greg Dotson and Dustin J. Maghamfar
Author Bios (long)

Greg Dotson is an Associate Professor at the University of Oregon School of Law. Dustin J. Maghamfar is Federal Program Director for the U.S. Energy Foundation.

Date
January 2023
Volume
53
Issue
1
Page
10017
Type
Articles
Summary

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.

Clean Air Act Regulation After West Virginia and the Inflation Reduction Act
Author
Eric Laschever
Author Bios (long)

Eric Laschever is an affiliate faculty member at the University of Washington School of Marine and Environmental Affairs. His solo legal practice focuses on climate and ocean change issues.

Date
November 2022
Volume
52
Issue
11
Page
10876
Type
Comment(s)
Summary

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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