EPA To Take Public Comment on Federal Regulation of Greenhouse Gases
The EPA notified Congress on March 27 that it will request public comment this spring on regulation of greenhouse gases under the federal Clean Air Act. Taking public comment is the first step toward formal regulatory action, which EPA is pursuing to comply with the Supreme Court's 2007 decision in Massachusetts v. EPA. In that case, the Court ruled that greenhouse gas emissions are "air pollutants" within the scope of the EPA's regulatory power under the Clean Air Act.
Congressional Democrats, some states and some environmental groups decried the public comment period as a stall tactic to what they view as an inevitable finding that greenhouse gas emissions endanger public health, a necessary precursor to regulation under the Act. The EPA responded that proceeding without public input would be irresponsible. Whatever your view on EPA's tactics, watch for a formal call for public comment later this year and be sure to participate.
Posted by David J. Petersen, partner practicing in the Sustainability and Real Estate & Land Use Practice Groups.
