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Struggling for Air Richard Revesz (Professor of Law and Dean Emeritus, Professor of Law and Dean Emeritus, NYU Law School)

Struggling for Air By Richard Revesz (Professor of Law and Dean Emeritus, Professor of Law and Dean Emeritus, NYU Law School)

Summary

Struggling for Air offers the most comprehensive analysis to date of the Obama administration policies that have become known as the "war on coal." Unconventionally, the authors trace the origins of this "war" to a fateful decision made by Congress almost half a century ago, when it passed the Clean Air Act of 1970.

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Struggling for Air Summary

Struggling for Air: Power Plants and the "War on Coal" by Richard Revesz (Professor of Law and Dean Emeritus, Professor of Law and Dean Emeritus, NYU Law School)

Since the early days 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 require the nation's power plants to cut their emissions of several types of air pollution. It's true that, because coal produces far more pollution than any other major energy source, the EPA's rules are expected to further reduce the fuel's already shrinking share of the electricity market, in favor of cleaner options like natural gas, wind and solar power. Even so, the rules are hardly the "unprecedented regulatory assault" that opponents make them out to be. Instead, they are merely the latest chapter in a longstanding quest for redemption, a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, a nearly unanimous Congress passed the Clean Air Act, which had the remarkably ambitious aim of eliminating 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 facilities, 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. For almost half a century now, 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.

Struggling for Air Reviews

"Struggling for Air is a clear-eyed look at the realities of President Obama's Clean Power Plan, the falsehoods of the polluters' 'War on Coal' campaign, and the irrefutable facts of the climate crisis. Revesz and Lienke remind us how we got here-and why we need to act now." -Senator Sheldon Whitehouse (RI) "Revesz and Lienke document the enormous success of the Clean Air Act and analyze its unfinished business of controlling pollution from aging coal-fired power plants. This book could not be more timely!" -William K. Reilly, Administrator, U.S. Environmental Protection Agency, 1989-93 "Revesz and Lienke have written a clear, incisive and compelling account of the coal and electric utility industries' decades-long success in blocking sound environmental policies. They also offer some hope-growing from recent efforts by presidents of both parties-of holding these industries accountable for the serious costs they impose on society. Struggling for Air is destined to be a classic in the study of environmental policy and politics." -Jonathan Z. Cannon, Blaine T. Phillips Distinguished Professor of Environmental Law, University of Virginia, and General Counsel, U.S. Environmental Protection Agency, 1995-98 "A short, deft history of the U.S. Clean Air Act . . . [E]xcellent for college courses (or even advanced high school classes) in climate change, air pollution, or environmental science and policy." -David Doniger, Switchboard: National Resources Defense Council Staff Blog

About Richard Revesz (Professor of Law and Dean Emeritus, Professor of Law and Dean Emeritus, NYU Law School)

Richard Revesz is one of the nation's leading voices in the fields of environmental and regulatory law and policy. He is Lawrence King Professor of Law and dean emeritus at New York University School of Law, where he directs the Institute for Policy Integrity. He is also director of the American Law Institute and a fellow of the American Academy of Arts and Sciences. A native of Argentina, Revesz has authored eight books and more than 60 articles on law and public policy issues. Jack Lienke is an attorney with the Institute for Policy Integrity at New York University School of Law, where his work focuses on climate change policy and other forms of environmental regulation. He was previously a litigation associate at Davis Polk & Wardwell LLP in Manhattan, and a law clerk to the Honorable Janet C. Hall of the U.S. District Court for the District of Connecticut.

Table of Contents

Preface: Conflict and Context I. Coal: A Primer II. War Stories Rise of the Rhetoric Peeling Back the Propaganda III. Congress Misses the Mark Fly in the Ointment Explaining the Error What the Transcripts Tell Us Unexpected Deals, Unexpected Devils Missing the Mark IV. Misadventures in Modification Altered States Spared Change What Goes Up . . . Might Not Count Old Plants, New Tricks A Fishy "Fix" A New Sheriff in Town A Safer Harbor Considering the Alternatives V. Bad Neighbors Tall Orders, Taller Stacks There Goes the Neighborhood Who Will Stop the Rain? To Market, To Market The Sincerest Form of Flattery Grandfathering's Grim Toll VI. A Warming World The Carbon Loophole: A History Between a Cap and a Hard Place Let's Make a Deal What's Grandfathering Got to Do with It? VII. Hope for Redemption The Dash to Gas The Role of Regulation Bumps in the Road Ahead Conclusion: A Farewell to Harms

Additional information

CIN0190233117G
9780190233112
0190233117
Struggling for Air: Power Plants and the "War on Coal" by Richard Revesz (Professor of Law and Dean Emeritus, Professor of Law and Dean Emeritus, NYU Law School)
Used - Good
Hardback
Oxford University Press Inc
2016-01-12
232
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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