Do We CAIR about Cooperative Federalism in the Clean Air Act?

On May 12,2005, the Environmental Protection Agency ("EPA") adopted a new regulatory measure called the Clean Air Interstate Rule ("CAIR"),l which imposes a cap-and-trade program on sulfur dioxide (SOz) and nitrous oxide (NOx) emissions from power plants on the East Coast. This Note presents the changes finalized by CAIR and examines their validity under principles of administrative law. I suggest that the EPA abused its authority by interpreting its "statutory jurisdiction, authority or limitations" too broadly-violating the plain language of the Clean Air Ace ("CAA") as a whole, and upsetting the cooperative federalism model envisioned by the CAA. Even if the plain language of the statute supports the EPA's authority, I suggest that CAIR is an unreasonable use of that authority because it creates a lenient structure of regulation for power plants, which will ultimately subvert the states' ability to meet National Ambient Air Quality Standards.