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How EPA Could Implement a Greenhouse Gas NAAQS
Fordham Environmental Law Review (2011)
  • Rich Raiders, Temple University
Massachusetts v. EPA started a wide ranging debate concerning how, if at all, the United States Environmental Protection Agency should regulate greenhouse gases. While EPA has begun to regulate GHGs and require GHG reporting, it has not developed any comprehensive GHG regulatory strategy. This paper explores what steps EPA may, or must, take to regulate GHGs under the existing Clean Air Act. Just as EPA was forced to regulate lead as a criteria air pollutant in the 1970s, EPA now must decide if it must regulate GHGs as criteria air pollutants today. In the lead process, once EPA found that lead emissions endangered human health or welfare, it was judicially obliged to set a lead National Ambient Air Quality Standard. EPA found, under similar but not identically authority, that GHGs endanger human health or the environment. This paper explores the issues surrounding the decisions EPA must consider in setting a GHG NAAQS. Were EPA to set a GHG NAAQS, states would need to develop State Implementation Plans to meet the ambient standards. Because GHGs are emitted from every segment of society, EPA would need to utilize much of the existing Clean Air Act, sometimes in novel ways, to allow states to develop valid SIPs concerning pollutants that are primarily emitted outside the United States. This paper explores one way EPA could utilize its existing authority to allow states to submit valid GHG SIPs.
  • Climate Change,
  • Global Warming,
  • Air Quality,
  • Clean Air Act
Publication Date
Spring 2011
Citation Information
Rich Raiders. "How EPA Could Implement a Greenhouse Gas NAAQS" Fordham Environmental Law Review Vol. 22 Iss. 2 (2011)
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