Can the Clean Air Act be used to regulate GHGs?
In April 2007, the Supreme Court ruled in Massachusetts v. EPA that all six greenhouse gases qualified as air pollutants and therefore could be regulated by the EPA under the Clean Air Act (CAA). This ruling did not mandate regulation, however, but rather directed the EPA to assess the danger that new motor vehicle emissions posed to public health. If greenhouse gasses meet the endangerment test, then the EPA will be obligated to set standards for new motor vehicles. The EPA has also been petitioned to set standards for non-road vehicles, including construction, shipping, and farming equipment, and legal challenges have been brought to try to control emissions from coal power plants. Even though the Supreme Court case ruled on motor vehicles, it is likely that stationary sources would also be addressed. Cap and Trade What is Cap and Trade and how does it work? A cap and trade system sets a national cap, or limit, on how many greenhouse gas emissions are allowed. The government then cre
