On October 20, 1999, a group of nineteen private organizations filed a rulemaking petition asking the Environmental
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(1) That contrary to the opinions of its former general counsels, the Clean Air Act does not authorize EPA to issue mandatory regulations to address global climate change; and
(2) That even if the agency had the authority to set greenhouse gas emission standards, it would be unwise to do so at this time. In concluding that it lacked statutory authority over greenhouse gases, EPA observed that Congress "was well aware of the global climate change issue when it last comprehensively amended the [Clean Air Act] in 1990," yet it declined to adopt a proposed amendment establishing binding emissions limitations. Calling global warming "the most pressing environmental challenge of our time," twelve states, including Massachusetts, local governments, and private organizations, alleged that the EPA has abdicated its responsibility under the Clean Air Act to regulate the emissions of four greenhouse gases, including carbon dioxide, and challenged the decision. Explain whether the 12 States or the EPA are correct.
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Related Book For
Smith and Robersons Business Law
ISBN: 978-1337094757
17th edition
Authors: Richard A. Mann, Barry S. Roberts
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