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A path-breaking effort in constitutional theory which brings a new clarity to the interpretation of the Fifth Amendment's just compensation clause. Essential reading for lawyers concerned with environmental regulation or the general development of constitutional doctrine.
Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.
A primer for small business on the requirements of the Clean Air Act Amendments, which contain new provisions. Explains as simply as possible the complex requirements of the Amendments; describes the law's provisions for businesses in cities with smog problems and the kinds of small businesses that may be affected by these provisions; and provides hotline numbers and the addresses and phone numbers of state agencies that can provide additional information.
Coal will continue to provide a major portion of energy requirements in the United States for at least the next several decades. It is imperative that accurate information describing the amount, location, and quality of the coal resources and reserves be available to fulfill energy needs. It is also important that the United States extract its coal resources efficiently, safely, and in an environmentally responsible manner. A renewed focus on federal support for coal-related research, coordinated across agencies and with the active participation of the states and industrial sector, is a critical element for each of these requirements. Coal focuses on the research and development needs and priorities in the areas of coal resource and reserve assessments, coal mining and processing, transportation of coal and coal products, and coal utilization.
The U.S. Department of Energy (DOE) was given a mandate in the 1992 Energy Policy Act (EPACT) to pursue strategies in coal technology that promote a more competitive economy, a cleaner environment, and increased energy security. Coal evaluates DOE's performance and recommends priorities in updating its coal program and responding to EPACT. This volume provides a picture of likely future coal use and associated technology requirements through the year 2040. Based on near-, mid-, and long-term scenarios, the committee presents a framework for DOE to use in identifying R&D strategies and in making detailed assessments of specific programs. Coal offers an overview of coal-related programs and recent budget trends and explores principal issues in future U.S. and foreign coal use. The volume evaluates DOE Fossil Energy R&D programs in such key areas as electric power generation and conversion of coal to clean fuels. Coal will be important to energy policymakers, executives in the power industry and related trade associations, environmental organizations, and researchers.
Examines the successes and failures of the Clean Air Act in order to lay a foundation for future energy policy.
The authorities and responsibilities of the Environmental Protection Agency (EPA) derive primarily from a dozen major environmental statutes. This book provides a concise summary of one of those statutes, the Clean Air Act. It provides a brief history of federal involvement in air quality regulation and of the provisions added by legislation in 1970, 1977 and 1990. It also explains major authorities contained in the Act as well as key terms and references for more detailed information on the Act and its implementation.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
The book analyzes the behavior and performance of the market for emissions permits, called allowances in the Acid Rain Program, and quantifies emission reductions, compliance costs, and cost savings associated with the trading program."--BOOK JACKET.