Greenhouse Gas Regulation Under the Clean Air Act: Does Chevron v. NRDC Set the EPA Free?

37 Pages Posted: 16 Feb 2010 Last revised: 29 Oct 2013

See all articles by Nathan D. Richardson

Nathan D. Richardson

University of South Carolina - Law Library; Resources for the Future

Date Written: Decmber 3, 2009

Abstract

The EPA is likely to face a legal problem on the path to regulating greenhouse gases under the Clean Air Act (CAA). Actions the agency is taking now will likely set it on a mandatory path to regulation of GHGs under the comprehensive “National Ambient Air Quality Standards” (NAAQS) program – a scheme that almost everyone who has studied the CAA thinks is a poor fit for GHG regulation and which blocks use of arguably more effective schemes within the CAA. Unless the EPA can win a lawsuit challenging an interpretation of the CAA that has stood for more than 30 years, or Congress explicitly takes away the agency’s authority to set a GHG NAAQS with new legislation, the agency will have to navigate the complex NAAQS process – with potentially large effects on the efficiency and effectiveness of GHG regulation.

Keywords: Clean Air Act, greenhouse gases, GHGs, NAAQS, §108, NRDC v. Train, Chevron v. NRDC, endangerment

Suggested Citation

Richardson, Nathan D., Greenhouse Gas Regulation Under the Clean Air Act: Does Chevron v. NRDC Set the EPA Free? (Decmber 3, 2009). Stanford Environmental Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1552138

Nathan D. Richardson (Contact Author)

University of South Carolina - Law Library ( email )

1525 Senate Street
Columbia, SC 29208
United States

Resources for the Future ( email )

1616 P Street, NW
Washington, DC 20036
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
95
Abstract Views
521
rank
276,678
PlumX Metrics