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Anticipating GHG Regulation Under The Clean Air Act

Law360 (April 21, 2009, 12:00 AM EDT) -- On April 17, 2009, the U.S. Environmental Protection Agency issued a proposed finding that six greenhouse gases endanger the public health and welfare under Section 202(a) of the Clean Air Act (CAA).

This “endangerment finding” also proposed to conclude that motor vehicle emissions contribute to GHG pollution, laying the groundwork for the EPA to issue vehicle GHG emission standards.


The EPA’s proposed finding responds to the Supreme Court’s opinion in Massachusetts v. EPA, 549 U.S. 497 (2007), decided more than two years ago.

The court...
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