Friend and colleague Doug Kysar (Yale) has a nice op-ed laying out the implications of the Supreme Court’s most recent global warming decision.
http://www.nature.com/news/2011/110621/full/474421a.html
I’ll continue to repeat what I have been saying for 4 years now…the best chance we have to deal with greenhouse gas emissions in the U.S. is through the action of the EPA under the Clean Air Act. While others prefer Congressional action and despite the imperfect nature of the Act, I view that option as not politically viable and potentially weaker than EPA actions. Whatever your view of AEP v. CT, it’s clear that the ball is clearly in the EPA’s court with President Obama and EPA Administrator Lisa Jackson calling the plays.
June 21, 2011 at 3:47 PM
Do you worry that it might backfire though? It seems that if the EPA gets too far ahead of where Congress is, there is likely to be some clawback that might leave the EPA with less ability to impact other problems and no ability to deal with climate.