Regulating Greenhouse Gas Emissions and The Clean Air Act

In April of 2007 the Supreme Court ruled that the EPA had the right to regulate greenhouse gas emissions “if EPA determines they cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.” As you can imagine, this has caused no small amount of handwringing in the current Administration. EPA today issued an Advance Notice of Proposed Rulemaking that begins to deal with the issue (and ‘begin’ is the operative word…). There are some wonderful references to the Clean Air Act by the EPA Secretary and others in their introductory remarks…’antiquated’, ‘outdated’….

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