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
Latest press releases
-
Alberta’s regulatory updates inadequate to reach equivalency with federal regulations
March 27, 2026 -
EDF Statement: Methane equivalency agreement-in-principle between Canada and Alberta shows progress pending important details
March 25, 2026 -
EDF, Allies Call on EPA to “Abandon Illegal Proposal” to Roll back Good Neighbor Protections
March 24, 2026 -
EDF Congratulates Susan Mongtomery and Ted Cooke on their appointment to the Arizona Water Infrastructure Finance Authority Board
March 23, 2026 -
Trump Administration Announces $1B Deal to Stop Offshore Wind, Threatening Affordable Power at Critical Moment
March 23, 2026 -
Governor Hochul seeks to weaken New York’s leading climate law
March 20, 2026