Stack & Associates, P.C.
Contact Our Office Environmental and Land Use Law
404-692-7504

Clean Air Act provides basis for president’s precarious environmental legacy

Last week, the U.S. Supreme Court agreed to hear an appeal of a regulation passed by the Obama administration aimed at reducing toxic emissions from coal-fueled power plants. While the regulation has been hailed as a major achievement for clean air, it has also been attacked by Republicans and industry leaders as more costly to the coal industry than is warranted by the benefits.

The legal issue on appeal concerns the costs of implementing the regulation, and whether or not the Clean Air Act requires that those costs be taken into consideration when passing new regulations. Under the law, regulations are required to be “appropriate and necessary,” but the exact interpretation of this phrase is in dispute. 

According to the Environmental Protection Agency, the Clean Air Act does not require the costs of implementing a regulation to be taken into account in the early part of the regulatory process. Back in April, a federal appeals court ruled that this was a reasonable way of interpreting the law.  The EPA does take compliance costs into account, but not when deciding whether or not to regulate in the first place.

The current appeal is likely not going to be the last regulatory battle waged by industry against the EPA, though this case is a particularly important one because of the way the administration has depended on the Clean Air Act to further its environmental goals.

Environmental compliance is an important task for businesses and it is important to receive guidance and advocacy from experienced environmental law attorneys to ensure efficient means of ensuring ensure compliance with both state and federal laws.

Source: The New York Times, “Obama Builds Environmental Legacy With 1970 Law,” Coral Davenport, Nov. 26, 2014. 

No Comments

Leave a comment
Comment Information

Contact Our Firm

In the legal profession as in other fields, past accomplishments are often the best indicators of future success. Our representative cases bear witness to our law firm's ability to represent clients against even the most formidable adversaries, including government bodies and giant corporations, in both individual and class action claims.

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Office Locations

ATLANTA -
260 Peachtree Street N.W.
Suite 1200
Atlanta, GA 30303

Phone: 404-692-7504
Fax: 404.522.0275
Map & Directions

SAVANNAH -
7 E. Congress Street
Suite 404
Savannah, GA 31401

Phone: 404-692-7504
Phone: 912.232.0567
Fax: 404.522.0275