Greenhouse Gas Emission Regulation Pursuant to the Clean Air Act

Part of a moderated discussion, this presentation will summarize the scope of the Clean Air Act (CAA) with respect to regulation of greenhouse gas (GHG) emissions. The authors will trace the development of caselaw beginning with the landmark case Massachusetts v. EPA, wherein the United States Supreme Court first held that greenhouse gas emissions constituted "air pollutants" pursuant to the Clean Air Act, followed by EPA's Advanced Notice of Proposed Rulemaking proposing options for CAA regulation of GHG emissions, then EPA's proposed Mandatory GHG Reporting Rule and EPA's proposed Endangerment Finding. The authors will finish with any updates regarding policy decisions, including possibly a final GHG reporting rule, as well as the fate of CAA regulation of GHG emissions in light of potential new GHG legislation. This moderated discussion will be helpful for those interested in identifying opportunities for research as well as those needing to prepare for regulatory implementation.