Climate Policy Crash

Jonathan H. Adler, writing at National Review:

Even were Congress to have second thoughts, the climate-policy die is cast. In April 2007, the Supreme Court held, in Massachusetts v. EPA, that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases under the Clean Air Act. Thus no new legislation is required for the Obama EPA to begin crafting rules to control the emission of carbon dioxide and other gases from automobile tailpipes, power plants, boilers, and more. Like it or not, EPA administrator Lisa Jackson and her team have ample authority to impose controls on the most ubiquitous by-product of modern industrial civilization. Indeed, they may not have a choice. Justice Stevens’s majority opinion in Massachusetts did not command the EPA to begin regulating, but that is the practical effect of the Court’s decision. At issue was Section 202 of the Clean Air Act, which requires the EPA to impose emission standards on new motor vehicles for any air pollutants which in the EPA’s “judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The Court decided that greenhouse gases are “air pollutants,” and so the EPA must set standards if it believes climate change “may reasonably be anticipated to endanger public health or welfare.” The EPA would have a hard time claiming not to believe that, even if the Obama administration were so inclined: In numerous documents and statements, the agency has reiterated its belief that climate change is a significant concern, and that a gradual warming could have deleterious effects on health and welfare. Even during the Bush administration, the EPA endorsed federal action to “reduce the risk” of global warming. The EPA has done everything short of publishing a formal statement that climate change “may reasonably be anticipated to endanger public health or welfare,” and no court would readily let it off the hook. Thus, Massachusetts effectively requires the imposition of carbon-dioxide controls on new cars and trucks....