Comments On Proposed Rule: “Increasing Consistency and Transparency in Considering Benefits and Costs In The Clean Air Act Rulemaking Process,” 85 Fed. Reg 35,612, Docket ID No. EPA-HQ-OAR-2020-0044
On August 3, 2020, the Clinic submitted comments on behalf of the Chesapeake Bay Foundation and the National Parks Conservation Association on the Environmental Protection Agency’s Proposed Rule “Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process.” The comments urge EPA to withdraw the Proposed Rule in light of the agency’s lack of authority to promulgate the Rule under Section 301 of the Clean Air Act, including because there is no demonstrated need for the Proposed Rule and because the Proposed Rule would encode value judgments that substantively affect public and private parties.