The Receding Role of Affirmative Defense Provisions in Clean Air Act Regulations | Insights

January/February 2015 | Insights

Mary F. Samuels

This article, co-authored with Khursid Mehta, counsel for the Tennessee Valley Authority, analyzes the legality of regulatory provisions establishing an affirmative defense for excess air emissions during startup, shutdown, and malfunction (SSM) events at industrial facilities and discerns future trends in the development and use of affirmative defense provisions in CAA regulations.

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