Clean Air Act And Increased Coal Use

A path-breaking effort in constitutional theory which brings a new clarity to the interpretation of the Fifth Amendment's just compensation clause. Essential reading for lawyers concerned with environmental regulation or the general development of constitutional doctrine.

Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.

A primer for small business on the requirements of the Clean Air Act Amendments, which contain new provisions. Explains as simply as possible the complex requirements of the Amendments; describes the law's provisions for businesses in cities with smog problems and the kinds of small businesses that may be affected by these provisions; and provides hotline numbers and the addresses and phone numbers of state agencies that can provide additional information.

This book deals with two inconsistent myths that persistently surround industrial use of coal. The first myth is that the Clean Air Act precluded the use of coal; the second, that industrial use of coal will expand rapidly as a result of purely economic choices. Through analyzing fuel-use decisions actually made by industry, Mr. Alm concludes that environmental quality standards have played a minor role in industrial choice of fuel. Historically, natural gas and oil have been both less costly and more convenient fuels for industry to use. Coal gained a substantial economic advantage over oil after the oil price increases of the last decade, yet it continues to maintain a lower market share than economics alone would suggest. Mr. Alm demonstrates that coal's share of the fuel market will continue to remain low because of the way U.S. businesses view fuel-use choices. For most U.S. firms, energy costs are a relatively small portion of total costs and a minor factor in a firm's ability to compete. Faced with alternative capital projects to expand production facilities or to make mandatory investments, companies do not generally give high priority to coal conversion projects. Moreover, most U.S. firms have little experience with burning coal, and that lack of expertise creates additional psychological and institutional barriers to coal's use. Finally, there is a tendency to prefer high-payoff, short-term investments over projects that promise cost savings many years in the future. These are all strong reasons for coal's lackluster performance in the industrial market—much more potent forces than environmental regulations.