Economics

Abstract

Review of regulations issued under the Obama Administration, with the possibility of their modification or repeal, has been the main focus of interest on Clean Air Act issues in the 115 th Congress and in the executive and judicial branches in 2017 and 2018. Of particular interest are: the ambient air quality standards for ozone promulgated by the Environmental Protection Agency (EPA) in October 2015; EPA rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector; and emission standards for three groups of sources: brick kilns, wood stoves and heaters, and power plants that burn waste coal.Reducing GHG emissions to address climate change was a major goal of President Obama, but, for a variety of reasons, many in Congress have been opposed to it. In the absence of congressional action, President Obama directed EPA to promulgate GHG emission standards using existing Clean Air Act authority. This authority has been upheld on three occasions by the Supreme Court, but the specifics remain controversial and subject to debate in Congress, the Trump Administration, and the courts.The Clean Power Plan (CPP), which would limit GHG emissions from existing fossil-fueled power plants, has been a frequent subject of debate. Implementation of the CPP has been stayed by the Supreme Court since February 2016, pending the completion of judicial review. Prior to the stay, challenges to the rule had been filed with the U.S. Court of Appeals for the D.C. Circuit by more than 100 parties, including 27 states. The D.C. Circuit heard oral argument in the case in September 2016; as of this writing, the court has not issued a decision. EPA, under new leadership, has proposed to repeal the CPP and has asked for public input on what should replace it. The D.C. Circuit has stayed the litigation during EPA's review of the CPP.More broadly, on March 28, 2017, President Trump signed Executive Order 13783, to require the review of regulations and policies that burden the development or use of domestically produced energy. The E.O. directed EPA to review the Clean Power Plan and several other regulations for consistency with policies that the E.O. enumerates, and as soon as practicable, to "suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules." GHG rules for methane emissions from the oil and gas industry and from cars and trucks, in addition to the CPP, are subject to the executive order and are under review at EPA, as well as being challenged in the courts.Congress could, of course, short-circuit the EPA and judicial processes, through legislation overturning or modifying any of these regulations. The threat of a filibuster, requiring 60 votes to proceed, might prevent Senate action, however.An EPA rule that has been the subject of action in the 115 th Congress is the National Ambient Air Quality Standard (NAAQS) for ozone, which EPA revised in October 2015. Under the revised NAAQS, EPA was to have designate...