A game of climate chicken: Can EPA regulate greenhouse gases before the U.S. Senate ratifies the Kyoto Protocol?
by Bugnion, V. and D. Reiner
Environmental Law, 30(3): 491-525, 2000
(Supersedes Report 57)
How best to take action to address phenomenon of global warming has spawned a variety of scientific, political, and legal debates in the United States. This Article discusses the United States Environmental Protection Agency's (EPA) authority under the Clean Air Act (CAA) to regulate greenhouse gas emissions, which scientists have identified as leading to human-induced climate change. Further, the Article attempts to disentangle the domestic regulation of these emissions from an attempt to implement the terms of the Kyoto Protocol to the Framework Convention on Climate Change without ratification by the United States Senate. The Article concludes that EPA's regulatory authority in this area is uncertain and that Congress could control global warming effectively and legitimately by amending the CAA to explicitly authorize EPA to promulgate standards for greenhouse gas emissions. © 2000 Environmental Law
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