Clean Air Action

The Emperor’s New Endangerment Theory (Part III)

How did EPA get to the absurd conclusion that 1.5 billion tons of carbon emissions aren’t significant? Well might you ask.

There is a very good chance that a court would strike down a EPA’s current finding that carbon emissions from the U.S. power sector are too insignificant to regulate.  EPA’s effort to explain its ultimate conclusion rests on a hodgepodge of poorly analyzed considerations, which obviously have been reverse engineered to lead to EPA’s preferred conclusion. 

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The Unique Legal Context of EPA Methane  Regulations

Three separate congressional actions intersect to support the regulations.

The government’s efforts to control methane have followed a complicated path, involving three different congressional actions:  section 111 of the Clean Air Act,  which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions.  The upshot is to …

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