Regulating Greenhouse Gases Under The Clean Air Act

In order to avoid a cascade of unintended regulatory consequences, Congress must pass legislation preventing the Environmental Protection Agency (EPA) from using the CAA to address greenhouse gas emissions. Congress has spent such a significant amount of time over the last several years debating climate policy that it certainly appears Congress believes it is the appropriate institution to make those policy determinations. As EPA’s Advance Notice of Proposed Rulemaking (ANPR) demonstrates, there are simply too many complex policy considerations to be handled by an agency created by Executive Order several decades ago.