Just saw this, and I'm reviewing the article. I will note that I have made arguments before several administrative bodies that their state versions of the CAA were unenforceable because they did not conform to the boundaries and procedures drawn up by the Feds.
In short, in some instances the state is not necessarily able to make "stricter" laws. Admittedly, the common wisdom is that the CAA is the "minimum" and that states can be stricter if they like. But, in some places, this is not the case.
Example: Per ton fees for certain pollutants. The CAA states clearly that the degree to which the state can exceed its prescribed fees under certain CAA sections, if any, shall be based on the consumer price index (i.e. modified for inflation only). I used this to challenge about $400K of fees over an 8-yr period in New YOrk. Interestingly, a firm in Chicago picked up on it and asked to share it with industry leaders.
So, I'll post more after I've had time to review the article.
