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ARTICLE · 16 SEPTEMBER 2003

EPA Determines that it Lacks Authority to Promulgate Climate Change Regulations

Van Ness Feldman LLP
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United StatesEmployment and HR

By Richard A. Penna and Kyle W. Danish

On August 28, the Environmental Protection Agency (EPA) published two documents announcing its determination that it lacks authority under the Clean Air Act (CAA) to regulate for the purposes of addressing global climate change. In one document, EPA denied a petition requesting that it promulgate a rule addressing motor vehicle emissions of carbon dioxide (CO2 ) and other greenhouse gases (GHGs) under section 202(a) of the CAA (the Notice of Denial). The reasoning in EPA’s Notice of Denial was based in large part on a second document it released the same day, a memorandum from EPA General Counsel Robert E. Fabricant to Acting Administrator Marianne L. Horinko (the Fabricant Memorandum).

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