Regulating Climate: What Role for the Clean Air Act?
James Salzman, Brigham Daniels, Hannal Polikov & Tim Profeta, 𝘙𝘦𝘨𝘶𝘭𝘢𝘵𝘪𝘯𝘨 𝘊𝘭𝘪𝘮𝘢𝘵𝘦: 𝘞𝘩𝘢𝘵 𝘙𝘰𝘭𝘦 𝘧𝘰𝘳 𝘵𝘩𝘦 𝘊𝘭𝘦𝘢𝘯 𝘈𝘪𝘳 𝘈𝘤𝘵?, 39 Eɴᴠᴛʟ. L. Rᴇᴘ. 10837 (2009).
While the Obama administration has made climate change a priority and the House of Representatives has passed a bill, it remains uncertain when or if the Senate will act on this issue, much less what final legislation might be signed. Until then, the Clean Air Act (CAA) remains the law of the land. In light of the CAA's central role in addressing climate change over at least the near term and perhaps far longer, on March 26, 2009, a group of the nation’s leading CAA experts gathered at Duke University to focus specifically on how the U.S. Environmental Protection Agency (EPA) could or should use the CAA to reduce the nation’s greenhouse gases (GHGs). This short article highlights the major points debated during the day-long conference and provides insights into the factors EPA will need to consider as it moves forward with crafting GHG regulations under Title I and Title II of the CAA.
Also presented at a conference at Duke University: Regulating Climate: What Role for the Clean Air Act, co-sponsored by the Nicholas Institute for Environmental Policy Solutions at Duke University, the Duke Law School, and the Harvard Law School at Duke University
Environmental Law Institute
39 Envtl. L. Rep.
Environmental Law Reporter