William Smalling – The Law Offices of William Smalling
• President Joe Biden on Jan. 21 directed agencies to examine dozens of Trump-era rules, including carbon emissions, clean air rollbacks, and Clean Air Act rules on science and costs.
• Any bold standards Biden has in mind to stem emissions from industry through the Clean Air Act will almost certainly get challenged in court.
• The cycle of rulemakings followed by years-long lawsuits is a signal that the Clean Air Act needs to be amended to give the President more direct authority.
• President Biden may have to choose between innovative actions or traditional “nuts and bolts” regulation under the statute in order to avoid defeat in a conservative Supreme Court skeptical of broad EPA powers.
• Likely a lot harder to do more flexible, ambitious and innovative programs under these older laws because a conservative SCOTUS may be predisposed to overrule such programs.
• This proposal advances an alternate solution of simplification and modernization of the CAA.
• The current CAA is a virtual field of landmines set to disrupt new, more flexible, ambitious and innovative programs.
• The complexity of the 1970, 1977 and 1990 versions of the CAA make challenge of new control programs easy.
The current watch list of air issues on Biden’s agenda are:
• Power Plant Carbon Rules
• Clean Air Act Analysis
• ‘Once In, Always In’
• National Ambient Air Quality Standards
• Methane
QUESTIONS
1. Will the “New” CAA reduce the amount of pollution controlled?
Answer: No. Emission reductions have averaged nationwide about 1.5% per year since the 1970 CAA. Additionally, GHGs emission controls are being added to the “New” CAA.
2. Will the “New” CAA reduce red tape?
Answer: Yes.
3. Will the “New” CAA reduce jobs in the “Environmental” Professions.
Answer: Possibly, but job growth in other professions will more than offset any Environmental Profession reductions.
