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6 - The Clean Power Plan, the Rule of Law, and the EPA’s Takeover of State and Regional Electricity Systems

from Part I - The Costs of Precautionary Policy

Published online by Cambridge University Press:  24 July 2021

Jason S. Johnston
Affiliation:
University of Virginia Law School
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Summary

All of the rules aimed at coal mines and coal-burning electric utilities discussed in the previous chapter were just a prelude to what the Endangerment Finding had made possible – EPA regulations under the CAA that were intended to end the American coal-burning power industry forever. As we have seen, Congress passed the CAA to create federal standards for dealing with local air pollution problems, and then amended it twice, attempting to deal with the newly recognized interstate air pollution problems of acid rain and ground level ozone, and also giving the federal EPA a significantly bigger role. The accumulation of CO2 in the global atmosphere is a problem completely unlike either local or interstate air pollution. Because the CAA was simply not written to deal with the problem of rising atmospheric CO2 concentration, it was not easy for the EPA to find language in that statute that arguably justified concrete steps to regulate GHG emissions.

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Chapter
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Climate Rationality
From Bias to Balance
, pp. 120 - 148
Publisher: Cambridge University Press
Print publication year: 2021

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