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The fundamental issue is, is carbon dioxide an air pollutant? This is not so much about interpretation of the Clean Air Act IMO, as it is about peoples' opposin
by steveylang 4y ago
The fundamental issue is, is carbon dioxide an air pollutant? This is not so much about interpretation of the Clean Air Act IMO, as it is about peoples' opposing views on carbon dioxide as a significant contributor to climate change.
Those who believe carbon dioxide absolutely is contributing to climate change and harming our planet would likely classify carbon dioxide as an air pollutant and thus believe the EPA has the power to regulate it. Those that believe otherwise are not going to consider carbon dioxide an 'air pollutant' and thus not subject EPA regulation.
- vzcx 4y agoI don't think that's at question in this case. It was decided in Massachusetts v. EPA that EPA is required to make that determination itself. Three years after that decision, EPA basically answered "we think it is." The court isn't bringing any of that up in this opinion. They are looking only at whether Congress specifically delegated EPA the power to regulate emissions by means of "generation shifting". The majority opinion was "no, they didn't."