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Clean Air Act Regulation of CO2: Rough Road Ahead

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- June 3, 2009

Even if energy realists and their allies fend off Waxman-Markey, wave after wave of global warming regulation could still sweep across the U.S. economy under the aegis of EPA and the Clean Air Act.  

As explained in a previous post, the carbon dioxide (CO2) litigation campaign that begat the Supreme Court’s Massachusetts v. EPA decision (April 2007) could shut down much of our economy and replace self-government via the people’s elected representatives with the rule of bureaucrats and courts.

Energy realists need to school themselves in this constellation of issues, because the clock is ticking. On April 17, the Environmental Protection Agency, responding to Mass. v. EPA, published a proposed rule concluding that greenhouse gas (GHG) emissions from new motor vehicles cause or contribute to health- and welfare-endangering “air pollution.”  …