Tuesday, March 24, 2009

EPA to Regulate Greenhouse Gases under the Clean Air Act?

It would seem to be a no-brainer for the Obama Administration to decide to regulate carbon dioxide emissions under the Clean Air Act, as the Washington Post reports it is considering. After all, Mr. Obama was elected in large part by persons who contend that that CO2 is one of the most dangerous pollutants in the history of mankind, and must be reduced before the planet overheats, causing enormous and permanent damage to the environment and civilization. However, he is a very intelligent man, and is well aware of the Law of Unintended Consequences. CO2 is ubiquitous and is generated about everywhere (for example, anywhere humans gather, bakeries, automobiles) and regulating CO2 as a pollutant presents the opportunity to challenge about every business venture, government program or other human activity on the ground it would contribute to increases in a pollutant. That could be a recipe for numerous lawsuits trying to halt all manner of activities, and increased scrutiny of all permits issued by government entities. If you think that's a good thing, you must be a lawyer.

My guess is that the Obama Administration is going to let pundits throughout the country start the Parade of Horribles, citing every doomsday example they can think of that will result from regulating CO2 as an air pollutant. This will put Congress, including the Republicans, under tremendous pressure to amend the Clean Air Act and develop a more nuanced approach to CO2 regulation, one that recognizes some of the difficulties that are peculiar to regulating CO2. Check back in a year and see if I'm correct.

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