The Emperor’s New Endangerment Theory (Part I) - Legal Planet
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The Emperor’s New Endangerment Theory (Part I) - Legal Planet
EPA has proposed a novel reading of the Clean Air Act (CAA) that would foreclose any regulation of CO2 emissions from power plants. EPA’s core argument is that the statute requires it to determine whether an industry’s emissions “significantly cause or contribute” to climate change and that the industry’s carbon emissions don’t meet that standard. On its face, this seems like a questionable conclusion, given that the U.S. power industry’s emiss…
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