Enlightenment

Abstract

Over the past decade or so, several programs have been put in place to curb the power plant emissions in the US. The Clean Air Act Amendments of 1990 established the emissions cap and allowance trading system for sulfur dioxide, aimed at acid rain, and more recently, EPA's "NOx SIP Call" program established a similar system for nitrogen oxides to mitigate summertime ozone levels across the East. Because both trading programs establish firm descending caps, they have the effect of permanently reducing the size of the balloon. But there is compelling scientific evidence that further pollution reductions are necessary to protect public health and the environment, and there are other harmful air pollutants emitted from power plants that have gone entirely unaddressed in the national policy arena. Despite the urgent need, progress at the federal level has come to a virtual standstill. This article is meant to show how states are skillfully working to ensure that their laws dovetail with federal regulation, the U.S. Constitution, as well as regional concerns; that they address power plant pollution comprehensively, to maximize business efficiency and keep costs low for consumers; and that they coordinate pollution reductions with energy policy, by increasing the share of electricity that comes from renewable sources and by reducing demand through efficiency and conservation.