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

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