ENVS 2256 Lecture Notes - Lecture 36: Clean Power Plan, Air Pollution, Endangerment
19 May 2018
School
Department
Course
Professor
Mass V EPA!
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Legal Background!•
Section 201(a)(1) -> Relevant Language of 201(a)(1)!◦
The EPA administrator shall prescribe (and from time to time revise) standards applicable to the ‣
emission of any air pollutant from one class or classes of new motor vehicles...which cause or
contribute to... air pollution which may reasonably be anticipated to endanger public health or
welfare."!
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how does this relate to regulating greenhouse gases!•
GHG are an air pollutant!◦
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its so important that Congress would have directed us to act if it had intended!•
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effects on weather and climate!•
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1) Filed a rule making petition!
2) agency responds!
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Question!◦
1) whether the EPA has statutory authority to regulate GHG emissions from new mobile sources!‣
2) if yes, are EPA's reasons for refusing to do so consistent with the statute!‣
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Clean Power Plan!
Section 111(d) -> similar to NAAQS!•
but under Section 111(e.g. enforce the NSPS)!•
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Method!
1) Mass based!
2) Rate based!
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Legal Basis!•
1) Section 111(d) -> allows for Best System of Emission Reduction [BSER] -> !◦
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GHG causal chain!
1) pollutant ----> 2) climate change (global) ----> 3) harm of climate change!•
causal link is longer than with criteria pollutants!•
GHGs are global rather than localized!◦
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!
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Clean Power Plan!
stayed by SCOTUS!•
Pruitt EPA in process of repealing it!•
negative economic implications!•
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2015 - rule goes into effect!
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2020 - ruled unconstitutional!
still a lot of economic harm if this had been implemented!•
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Document Summary
Ghg are an air pollutant its so important that congress would have directed us to act if it had intended e ects on weather and climate: filed a rule making petition, agency responds. Question: whether the epa has statutory authority to regulate ghg emissions from new mobile sources, if yes, are epa"s reasons for refusing to do so consistent with the statute. Section 111(d) -> similar to naaqs but under section 111(e. g. enforce the nsps) Legal basis: section 111(d) -> allows for best system of emission reduction [bser] -> Ghg causal chain: pollutant ----> 2) climate change (global) ----> 3) harm of climate change causal link is longer than with criteria pollutants. Pruitt epa in process of repealing it negative economic implications. 2020 - ruled unconstitutional still a lot of economic harm if this had been implemented. Generation shifting -> jump start states reliance on one type of fuel to another, more renewable.
