of Clean Air Act Enacted in 1970, at the start of the environmental movement, it is the primary law that defines EPA’s responsibility for protecting and regulating air quality. In 1990, it was significantly expanded to combat major environmental threats such as acid rain and urban smog.
The law defines greenhouse gases in some sections, but does not explicitly direct the Environmental Protection Agency to regulate carbon dioxide. Rather, it calls on authorities more broadly to regulate pollutants that “endanger human health.” In 2007, the Supreme Court, in Massachusetts v. EPA, No. 05-1120, ordered the agency to determine whether carbon dioxide fits that description. In 2009, the EPA concluded that it did.
That conclusion meant that carbon dioxide could be legally defined and regulated as a pollutant. The Obama and Biden administrations used the findings to justify regulations on gasoline vehicles and coal- and gas-burning power plants, and that authority was subsequently upheld in several Supreme Court cases.
But challenges continue, as Congress has never directly addressed the issue. West Virginia v. EPA, 20-1530 is a landmark ruling of the year, conservative Supreme Court judge says if lawmakers really want government to move away from fossil fuels, so be it. I stated that I should.
“One of the prerequisites for the ruling was that Congress had not made it sufficiently clear that the EPA was responsible for addressing climate pollution from the power sector,” said Vicky Patton, legal counsel for the Environmental Protection Fund. ‘ said. “Well, it’s clear enough now,” she said.
Some experts downplayed the effects of the provision. Energy attorney Jeff Holmstead, who has been with the EPA in both Bush administrations, said legal efforts by some conservative groups to eliminate the government’s ability to regulate climate pollution could win anyway. He said the gender was almost zero.