The Environmental Protection Agency's new leadership, in a step toward confronting global warming, submitted a finding that will force the White House to decide whether to limit greenhouse gas emissions under the nearly 40-year-old Clean Air Act. Under that law, EPA's conclusion -- that such emissions are pollutants that endanger the public's health and welfare -- could trigger a broad regulatory process affecting much of the U.S. economy as well as the nation's future environmental trajectory. The agency's finding, which was sent to the White House Office of Management and Budget without fanfare on Friday, also reversed one of the Bush administration's landmark decisions on climate change, and it indicated anew that President Obama's appointees will push to address the issue of warming despite the potential political costs. "This is historic news," said Frank O'Donnell, who heads the environmental watchdog group Clean Air Watch. "It will set the stage for the first-ever national limits on global-warming pollution. And it is likely to help light a fire under Congress to get moving." But even those who support cutting greenhouse gases warn that doing so under the Clean Air Act could be complicated. "This would be a regulatory maze far exceeding anything we've seen before," said David Schoenbrod, a professor of environmental law at the New York Law School. While the EPA's finding is not final, experts steeped in the Clean Air Act began debating yesterday what it would mean for utilities, vehicles, manufacturing plants and consumers. Kovacs predicted it could halt many of the projects funded under the just-passed economic recovery package. "This will mean that all infrastructure projects, including those under the president's stimulus initiative, will be subject to environmental review for greenhouse gases," he said...Washington Post
We all knew this was coming. The CAA & the ESA will become powerful tools for the Obama Administration, the courts and the environmental groups.
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