Court Leaves Door Open To Regulate CO2 As Pollutant
A court decision today leaves the door open for the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions as a pollutant under the Clean Air Act. Twelve states, three cities and numerous environmental organizations, including Environmental Defense argued this case before the D.C. Circuit on April 8, 2005.
‘ “While the D.C. Circuit found that EPA had broad discretion to determine administratively whether now is the time to regulate global warming pollutants under the Clean Air Act, they did not expressly agree with EPA’s finding that the Agency does not have authority to do so,” said Environmental Defense general counsel Jim Tripp, a petitioner in the case
“An extensive dissent by Judge Tatel says that EPA not only has the authority to regulate greenhouse gas pollution but that EPA has a duty to do so,” said Environmental Defense senior attorney Vickie Patton. “In light of today’s judicial decision, Environmental Defense will continue to press EPA, as well as, Congress, the courts, and the President to address the urgent problem of global warming pollution.”
With more than 3 million members, Environmental Defense Fund creates transformational solutions to the most serious environmental problems. To do so, EDF links science, economics, law, and innovative private-sector partnerships to turn solutions into action. edf.org
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