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Wind and the Environment: The EPA's Tech Divide

Does the Clean Air Act require the agency to consider the most low-emission coal plant technologies in permitting new plants?

Fortnightly Magazine - June 2006

to Stephen L. Johnson, Administrator, U.S. Environmental Protection Agency (Feb. 8, 2006) (on file with authors).

40. See 42 U.S.C. §§ 7471 & 7607(d).

41. Letter from American Lung Association of Metropolitan Chicago, supra note 41.

42. 42 U.S.C. § 7479(3).

43. 123 Cong. Rec. 18,458, 18,472 (June 10, 1977); see also Foote, supra note 3, at 10,647.

44. 123 Cong. Rec. at 18,472.

45. See Foote, supra note 3, at 10,647.

46. S. Rep. No. 95-127, at 31 (1977).

47. See Center for International Environmental Law, “CIEL Attorney Publishes Article Suggesting Legal Tools to Limit CO 2 Emissions From New Coal-Fired Power Plants,” available at http://www.ciel.org/Climate/CO2_Foote_11May04.html (last visited Mar. 15, 2006).

48. Id.

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