Federal Control of Carbon Dioxide Emissions: What are the Options?

Boston College Environmental Affairs Law Review, Vol. 36, No. 1, 2009

78 Pages Posted: 4 Mar 2010  

Arnold W. Reitze Jr.

University of Utah - S.J. Quinney College of Law

Date Written: 2009

Abstract

The U.S. Supreme Court in Massachusetts v. EPA held that carbon dioxide was a pollutant under the Clean Air Act (CAA) and remanded the case to EPA. EPA had to decide whether CO2 emissions contribute to climate change, and if it does then EPA needs to determine how to regulate it. This article explains why the CAA is a poor vehicle for regulating any greenhouse gas and covers the challenges the Agency will face in trying to reduce CO2 emissions based on a CAA program.

Keywords: climate change, clean air act, Massachusetts v. EPA, carbon dioxide, CO2 emissions, greenhouse gases

JEL Classification: K32, O38, Q25

Suggested Citation

Reitze, Arnold W., Federal Control of Carbon Dioxide Emissions: What are the Options? (2009). Boston College Environmental Affairs Law Review, Vol. 36, No. 1, 2009. Available at SSRN: https://ssrn.com/abstract=1563526

Arnold W. Reitze Jr. (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801 581 6833 (Phone)

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