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5 Chi.-Kent J. Env't Energy L. 1 (2014-2015)

handle is hein.journals/jeel5 and id is 1 raw text is: THE PAST AND PRESENT WILT: LITIGATING THE GLORIOUS MESS OF CLIMATE CHANGE REGULATION UNDER THE CLEAN AIR ACT § 111(D) BRIAN DODDS INTRODUCTION On July 22, 2010, on the floor of the U.S. Senate, the final breath of air seeped from the body of effort by federal lawmakers to create comprehensive climate change legislation.1 In the wake of this failure, policymakers and environmental advocates shifted their focus to Environmental Protection Agency (EPA) regulation of greenhouse gas (GHG) emissions through the Clean Air Act (CAA).2 This regulation took form as the cornerstone of the Obama Administration's second-term climate agenda, the Clean Power Plan.3 Despite EPA's broad outreach to stakeholders to craft the draft carbon regulation to fit each state's energy profile,4 the failure of the comprehensive legislation stands as the Plan A that died too young.5 In an oft- quoted jeremiad from 2008, Rep. John Dingell (D-Mich.), then-chairman of the House of Representatives Committee on Energy and Commerce, warned that failure to pass a comprehensive bill would leave only GHG regulation, which would amount to a glorious mess of rules and legal challenges.6 1 See Carl Hulse & David M. Herszenhorn, Democrats Call Off Climate Bill Effort, N. Y. TIMES (July 22, 2010), http://www.nytimes.com/2010/07/23/us/politics/23cong.html?_r=0. 2 See Eric Pooley, In Wreckage of Climate Bill, Some Clues for Moving Forward, YALE ENVIRONMENT 360 (July 29, 2010), http://e360.yale.edu/content/feature.msp?id=2299; 42 U.S.C. § 7401 et seq. 3 See Coral Davenport, Obama to Take Action to Slash Coal Pollution, N. Y. TIMES (June 1, 2014), http://www.nytimes.com/2014/06/02/us/politics/epa-to-seek-30-percent-cut-in-carbon- emissions.html. 4 See Environmental Protection Agency website, Public Hearings: Clean Power Plan Proposed Rule, http://www2.epa.gov/carbon-pollution-standards/forms/public-hearings-clean-power- plan-proposed-rule. 5 See Pooley, http://e360.yale.edu/content/feature.msp?id=2299. 6 See Jonas Monast, Time Profeta, and David Cooley, Avoiding the Glorious Mess: A Sensible Approach to Climate Change and the Clean Air Act at 1-2, Duke University, Nicolas Institute for 1