Weekly Climate Change Policy Update - August 25, 2008

Article by Kyle W. Danish, Shelley N. Fidler, Andrea Hudson Campbell and Kevin M. Gallagher

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Commentary

Back in July, the EPA released its Advance Notice of Proposed Rulemaking on GHG regulation; the ANPR was accompanied by statements by the EPA Administrator and several other agencies emphasizing that the Clean Air Act is an ill-suited vehicle for such regulation. However, all of these comments assume such regulation is still subject to EPA discretion. Many NGOs are asserting that EPA's regulatory obligations already have been triggered under the statute. They have filed challenges in multiple for a claiming that EPA must set emission limits for new and modified power plants and other "major stationary sources" of GHG emissions. These challenges bear watching. Should they