The Clean Air Act requires the EPA to revisit its National Ambient Air Quality Standards every five years, taking into account the latest science without considering the associated costs. The Supreme Court (ATA v. Browner, 2000) has found that this statutory mandate does not violate the nondelegation doctrine. Economists of all political persuasions have criticized this decision process. Our experts examine prospects for reform – by Congress, the Executive, the courts, or by the states. Since the states bear ultimate responsibility for attainment, they may turn out to be the main protagonists in the inevitable debate about NAAQS reform.
- Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
- Brian Mannix, President, Buckland Mill Associates
- Daniel R. Simmons, Director of Regulatory and State Affairs, Institute for Energy Research
- Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society