EPA – Finally – Proposes CAIR Replacement

On July 6, 2010, the United States Environmental Protection Agency (“EPA”) released a proposed rule, dubbed the “Transport Rule”, which would replace the Clean Air Interstate Rule (“CAIR”). As you likely recall, in 2008 the D.C. Circuit Court of Appeals, in North Carolina v. EPA, found that CAIR had a number of fatal flaws and remanded it to the Agency. (Due to its environmental benefits, the Court agreed to leave CAIR in effect while EPA worked on addressing its concerns).  

EPA has clearly attempted to address the problems identified in North Carolina v. EPA. Most significantly, while the Transport Rule still contains a trading component, trading is limited and the Rule ultimately requires that each state provide the reductions required to mitigate that state’s contribution to the interstate air transport problem. At 1,300 pages, the Rule is too long even to summarize here. For a quick summary, take a look at our Client Alert. You might also want to take a look at EPA’s helpful Fact Sheet and presentation summary for slightly more detail.

One thought on “EPA – Finally – Proposes CAIR Replacement

  1. As a respiratory pharmacist of over 30 years I have witnessed the evolution absolute folly that now goes into writing current regulations.
    The reason for 1300 pages is to placate special interests and create unique beneficial loopholes. There can be no other explanation other than outright malice. You can blame bureaucrats, or bloated government but I believe that the answer is much simpler.
    The money/power behind special interest representatives has seized control of our scientific, non-preferential oversight agencies. You can view proof of this by browsing our tax codes.
    All laws can be written on 4 pages or less outlined as what you can’t do. Period. Then detail what happens if you violate the statutes. This may take two additional pages, and should include recourse for personal culpability in addition to corporate.
    Lobbiests and politicians will tell you “Its complicated”. It’s not! Unless you intentionally corrupt the issue.

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