Congress designed the current CAA around two fundamental misunderstandings about air pollution, misunderstandings that make the statute clumsy and that hinder further attempts at emissions reductions. The authors describe a new approach that could solve these problems and allow Congress to dramatically streamline the CAA. They conclude with a word on GHG control.
Bill Pedersen is Of Counsel to the law firm of Perkins Coie. David Schoenbrod is Trustee Professor of Law at New York Law School and a visiting scholar at the American Enterprise Institute.
The full text of this article is available by subscription to The Environmental Law Reporter.