Cap-and-Trade Under The Clean Air Act?: Rethinking Section 115

Authors

Hannah Chang, Columbia Law School, Sabin Center for Climate Change Law

Document Type

Working Paper

Publication Date

2010

Abstract

Section 115 of the Clean Air Act, addressing international air pollution, is widely-dismissed as a viable avenue for mitigation of greenhouse gases (GHGs) because of a misplaced assumption that National Ambient Air Quality Standards (NAAQS) must be established for GHGs before Section 115 authority can be exercised for GHGs. This paper explores the statutory language and legislative history of Section 115 to refute this conventional view, and argues that Section 115 can play a role in facilitating the establishment of a cap-and-trade program for GHGs without the establishment of NAAQS for GHGs.

Disciplines

Environmental Law | Law

Recommended Citation

Hannah Chang, Cap-and-Trade Under The Clean Air Act?: Rethinking Section 115, Sabin Center for Climate Change Law, Columbia Law School, April 2010 (2010).
Available at: https://scholarship.law.columbia.edu/sabin_climate_change/174

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