In Utility Air Regulatory Group v. EPA, the Supreme Court largely upheld the U.S. Environmental Protection Agency’s regulation of greenhouse gases under the Clean Air Act’s Prevention of Significant Deterioration program for new or modified major stationary sources of air pollution. Although the Court rejected the Environmental Protection Agency’s claim that it was statutorily compelled to consider a source’s greenhouse gas emissions as triggering the Prevention of Significant Deterioration program’s permitting requirements, it held that sources already subject to the program based on their emissions of other pollutants could then be required to apply Prevention of Significant Deterioration pollution-control technology to their greenhouse gas emissions as well. In this Symposium, eight authors explore the Court’s decision and consider its implications for the Environmental Protection Agency’s authority to regulate greenhouse gases under the Clean Air Act.
—Cecilia Segal
| Climate Regulation Under the Clean Air Act in the Wake of Utility Air Regulatory Group v. EPA: Introduction Cecilia Segal |
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| Why I Worry About UARG Jody Freeman |
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| Text in Context: The Fate of Emergent Climate Regulation After UARG and EMEHomer Ann E. Carlson and Megan M. Herzog |
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| The Opinion Assignment Power, Justice Scalia’s Un-Becoming, and UARG‘s Unanticipated Cloud over the Clean Air Act Richard J. Lazarus |
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| UARG—Not a Chef d’Oeuvre of Opinion Writing Craig N. Oren |
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| Anti-Regulatory Skewing and Political Choice in UARG William W. Buzbee |
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| But What About Texas? Climate Disruption Regulation in Recalcitrant States Thomas O. McGarity |
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| Toward a More Rational Environmental Policy Richard L. Revesz |