EPA's Proposed GHG Reform Could Hinder Climate Regulation

Manatt Energy and Environment Partner wrote an article for Law360 discussing the potential regulatory reform proposed by the Trump administration regarding the Environmental Protection Agency’s (EPA) 2009 greenhouse gas “endangerment finding” and its impact on the federal government’s authority to regulate greenhouse gas emissions.

Historically, the U.S. does not have a federal law enacted specifically for the purpose of regulating climate change. The Supreme Court case, Massachusetts v. EPA, ruled that greenhouse gases qualify as air pollutants and required the EPA to conduct an endangerment finding analysis. The Supreme Court may reconsider this precedent, potentially eliminating the federal foundation for climate regulation.

“Should the EPA reverse or set aside the 2009 endangerment finding, there would be no allowance, let alone a mandate, for regulation of power generation based on the emission of greenhouse gases in any regard,” Smith wrote.

Read the full Law360 article .