Historical Perspectives on §111(d) of the Clean Air Act

The Environmental Law Reporter, Vol. 44 Issue 12 pp.11095-11107

December 1, 2014

By Robert Nordhaus and Avi Zevin

Looking at the history of the Clean Air Act provides some guidance on what Congress intended when it required the “best system of emission reduction” under §111(d) and on EPA’s supervisory authority over state plans. But the drafting error, where the conflicting House and Senate amendments to §111(d) were not reconciled, remains largely uninformed by the legislation’s history and will have to be resolved by EPA and, ultimately, the courts...

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