Cleaner energy is necessary to avoid significant health and climate risks in the future, and no energy is dirtier than our nation’s fossil-fuel burning power plants. The United States Environmental Protection Agency’s (“EPA”) Clean Power Plan seeks to address the hazards posed by the electricity sector, and proposes carbon dioxide (“CO2”) emissions trading as an efficient, cost-effective option to do so. This Recent Development argues that the Clean Power Plan should be upheld with respect to emissions trading. First, a reasonable interpretation of section 111(d) of the Clean Air Act (“CAA”) provides a legal basis for carbon dioxide emissions trading. Second, a thorough analysis of North Carolina’s legislative history provides an example of why carbon dioxide emissions trading is legal without authorization from state general assemblies. Further, emissions…
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