Regulation of greenhouse gases under section 115 of The Clean Air Act

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Courtesy of Bloomberg BNA

Section 115 of the Clean Air Act, among the various options under the current act, may offer EPA the most effective, flexible, economically reasonable, and legally supportable means by which to regulate greenhouse gas emissions. The authors argue that Section 115, the section explicitly crafted to address international air pollution, has the potential to provide an appropriately flexible path forward for EPA and states to take action on climate change in a cooperative way while cognizant of an international framework. They also say Section 115 presents the possibility of avoiding the unintended regulatory consequences—such as New Source Review and Title V permitting requirements—associated with greenhouse gas regulation under other provisions of the Clean Air Act.

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