In the heart of President Obama’s second term, EPA is moving aggressively on a wide range of regulatory activities under the Clean Air Act to leave this Administration’s imprint with lasting effects on environmental, energy, and economic policy. Major policy initiatives to address greenhouse gas emissions, regional haze, and the National Ambient Air Quality Standards are central to political controversy over public health, job growth, and protection of the environment. Congress is watching closely. Its most important influence may well be using the budget to constrain Agency resources to pursue its ambitious agenda, including not only regulation but also enforcement, as reflected in EPA’s lowered projections of certain enforcement metrics. And the courts are actively engaged, with the Supreme Court considering two important cases regarding ozone transport and greenhouse gas regulation this Term. A slew of key cases are reaching the courts of appeals this year, particularly regarding EPA’s regional haze rulemakings, where a critical ongoing focus is the extent of EPA versus state authority and discretion in implementing Clean Air Act programs.
This course provided a comprehensive analysis of the most complex issues faced by regulators and practitioners. The cutting-edge program was enriched by the expertise of a diverse faculty of senior public officials including staff from the United States Congress, federal and state regulators, enforcement attorneys, private and corporate practitioners, and public interest advocates.
A premiere panel of experts engaged registrants in a robust discussion of the most significant Clean Air Act and related initiatives that could very well affect your practice, including:
- analysis of the most recent developments and renewed enforcement efforts in:
- New Source Review
- National Ambient Air Quality Standards, including EPA’s ozone and particulate matter standards and transport rules
- EPA-mandated quantification and reporting of greenhouse gas emissions
- New Source Performance Standards, including greenhouse gas standards for new electric utilities and a major effort to design a program for regulation of existing power plants over the next year
- discussion of federal and state air enforcement initiatives, industries targeted for increased inspection, and the impact of resource constraints on such enforcement
- revisions to National Emission Standards for Hazardous Air Pollutants for various source categories and the resolution of litigation challenging such standards for electric utilities and industrial boilers
- examination of the EPA’s approach to addressing mercury and other hazardous air pollutants
- the direction of the courts in many cases addressing EPA’s regional haze program
- Supreme Court consideration of the D.C. Circuit’s invalidation of EPA’s Cross-State Air Pollution Rule and affirmance of EPA’s PSD rules for greenhouse gases
For a list of faculty, program agenda, and other information (including how to obtain the archived version of the course), please visit ALI CLE at http://www.ali-cle.org/index.cfm?fuseaction=courses.course&course_code=CV040