The Clean Air Act intentionally and carefully balances the power and responsibility for improving and maintaining the nation’s air quality between the federal government and the states. As one court has described it, the Clean Air Act “establishes a comprehensive program for controlling and improving the nation’s air quality through state and federal regulation.” BCCA Appeal Group v. EPA, 355 F.3d 817, 821–22 (5th Cir. 2003). This balance is known as cooperative federalism.
A (Mostly) Civil War Over Clean Air Act SIPs
A (Mostly) Civil War Over Clean Air Act SIPs
Vol. 27 No. 1
The authors are partners in the Environmental & Natural Resources Section of Balch & Bingham LLP in Birmingham, Alabama. Mr. McKinney is former chair of the Section of Environment, Energy, and Resources, and both are counsel of record in many of the matters discussed in this article.
