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Struggling for Air: Power Plants and the ‘War on Coal’, by Richard L. Revesz & Jack Lienke Oxford University Press, 2016, 221 pp, £22.99, ISBN 9780190233112

Published online by Cambridge University Press:  06 July 2018

Lev G. Blumenstein
Lev G. Blumenstein*
Affiliation:
Green Energy Institute at Lewis & Clark Law School, Portland, OR (US)
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Type
Book Reviews
Information
Transnational Environmental Law , Volume 7 , Issue 2 , July 2018 , pp. 382 - 385
Copyright
© Cambridge University Press 2018 

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References

1 William Shakespeare, Hamlet, Act III, sc. 1.

2 42 U.S.C. §§ 7401–7671q (2012).

3 The CAA contains several regulatory schemes that regulate emissions from stationary sources. Struggling for Air focuses on the NSPS codified in s. 111 of the CAA: ibid., § 7411.

4 s. 111 of the CAA defines ‘new source’ to mean ‘any stationary source, the construction or modification of which is commenced after the publication of [an applicable NSPS]’: ibid., § 7411(a)(2). Modification is subsequently defined as ‘any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted’: ibid., § 7411(a)(4).

5 Pub. L. No. 91-604, 84 Stat. 1676.

6 Particulate matter, ground-level ozone, carbon monoxide, lead, sulphur dioxide, and nitrogen dioxide are currently regulated as criteria pollutants.

7 Because a taller stack does not increase the amount of emissions from a plant, this type of physical change does not count as a modification under the NSPS.

8 William Shakespeare, Macbeth, Act V, sc. 5.