July 30, 2008 16:34
Two important climate change law developments collided this month in unexpected ways that impact whether the U.S. Environmental Protection Agency can and will regulate greenhouse gas emissions (GHGs) pursuant to the federal Clean Air Act and, legal observers say, the resulting unintended consequence compels the conclusion that the Congress needs to act now to adopt a legislative fix. First, in a Federal Register notice published on July 30, 2008 (but released informally on July 11, 2008), the EPA issued its Advance Notice of Proposed Rulemaking (ANPR) that responds to the U.S. Supreme Court’s...
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