Texas Municipal Power Agency v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
1Per curiam
I. Introduction
With its 1990 amendments to the Clean Air Act (the “Act”), Congress established a program for addressing acid rain, for the first time seeking to cut air pollution by means of marketable permits. See 42 U.S.C. §§ 7651-7651o; see generally Indianapolis Power & Light Co. v. U.S. EPA, 58 F.3d 643 (D.C.Cir.1995). The basic idea of such a regulatory device is that if polluters for which cutbacks are relatively costly can buy pollution entitlements from ones for which cutbacks are relatively cheap, the nation can achieve a much greater overall cutback for a given expenditure of…
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