Climate Law Shores Up EPA’s Threshold GHG Authority But Silent On Scope

August 23, 2022
Democrats’ newly enacted budget reconciliation law includes multiple amendments to the Clean Air Act with a first-time definition of greenhouse gases as an “air pollutant,” a move that some legal experts say shores up EPA’s GHG regulatory authority even as others argue the new statutory provisions do not address the scope of such authority. The new law’s direction to regulate and its incentives “will help us” in legal fights, “but does not definitively resolve those future questions of design and...

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