Introduction
Beginning on January 2, 2011, the U.S. Environmental Protection
Agency (the EPA) began permitting greenhouse gases (GHGs) through
the Prevention of Significant Deterioration (PSD) program of the
Clean Air Act (the CAA).1 Most states directly issue GHG
PSD permits, but EPA currently retains authority to issue GHG
permits in Arizona, Arkansas, Florida, Idaho, Oregon, Texas, and
Wyoming.2 Permit applicants in these states will find
themselves confronted with additional federal permitting
requirements. When EPA retains authority to issue PSD permits, the
requirements of the Endangered Species Act (the ESA)3
and the National Historic Preservation Act (the NHPA)4
become part of the PSD permitting process.5 This article
highlights the unique burdens GHG permit applicants face in states
where EPA issues GHG PSD permits, as exemplified by the Lower
Colorado River Authority's (LCRA) experience with federal GHG
permitting for its Thomas C. Ferguson natural
