Carbon Dioxide and the Clean Air Act

Authors

Eric Schwartz, Benjamin N. Cardozo School of Law

Abstract

The EPA's authority to regulate CO2 under the Clean Air Act is supported by the statute's broad definition of "air pollutant" and judicial interpretations, including the Supreme Court's decision in Massachusetts v. EPA. The agency's initial reluctance to regulate CO2 was based on policy considerations, not legal limitations, and the Chevron doctrine requires courts to defer to the EPA's interpretation when Congress's intent is unclear. The ruling in Massachusetts v. EPA established that states have standing to challenge the EPA's failure to regulate CO2, emphasizing the importance of federal authority in addressing climate change. This decision has significant implications for climate policy, enabling the EPA to set emissions standards and influencing state-level regulations. The note  concludes that the EPA has both the authority and a duty to regulate CO2 under the CAA, supported by the statute's flexible framework and judicial precedent.

Disciplines

Administrative Law | Environmental Law | Law | Transportation Law

Recommended Citation

Eric Schwartz, Carbon Dioxide and the Clean Air Act, 4 Cardozo Pub. L. Pol’y & Ethics J. 779 (2006).
Available at: https://larc.cardozo.yu.edu/cplpej/vol4/iss3/7