Posted by Jonathan Adler:
What Next for Federal GHG Emission Rules?
http://volokh.com/archives/archive_2007_12_16-2007_12_22.shtml#1198204306
Does the new energy legislation and the EPA's decision to deny
California a waiver under the Clean Air Act have any effect on the
federal government's plans to adopt federal controls on vehicular
emissions of greenhouse gases? Perhaps. A key provision in the new
energy bill requires an increase in automotive fuel economy over the
coming decades. One effect of these standards will be a reduction in
automotive emissions of carbon dioxide. Given the effect of this
provision, it might provide the Administration with a convenient
excuse not to proceed with federal GHG emission regulations in
response to Massachusetts v. EPA.
Is this just speculation? Maybe not. The tail end of this Washington
Post story on the denial of California�s waiver request contains this
little tidbit:
When asked whether the energy law represents the administration's
full response to the challenge of global warming, he replied,
"Certainly for motor vehicles this is a comprehensive solution."
Given this reply, I would not be at all surprised were the EPA�s
response to Mass v. EPA nothing more than the adoption of regulations
that track the fuel economy requirements of the new energy
legislation, but achieve no additional reductions. If so, this is
another EPA decision on climate change policy that could end up back
in court.
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