June 01, 2012

A (Mostly) Civil War Over Clean Air Act SIPs

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.

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