EPA Regulations for CO2

Updated on October 31, 2008

The Supreme Court, in the 2007 case Massachusetts v. E.P.A. [1], ruled that the government has the authority to regulate greenhouse gas (GHG) emissions under the current Clean Air Act, overruling the Bush Administration argument that it did not have such authority. Despite the ruling, the Administration has declined to regulate GHGs, and maintains that the Clean Air Act is too unwieldy an instrument to use for GHG regulation.

The campaigns of both Sen. Obama and Sen. McCain have said their candidate prefers reducing GHG emissions through Congressional legislation than through the Clean Air Act’s regulatory mechanisms. But in the absence of such Congressional action, top advisers to both McCain and Obama have said their candidate would comply with a 2007 Supreme Court ruling that allows the EPA to regulate carbon dioxide (CO2) and other GHGs.

“The EPA is obligated to move forward in the absence of Congressional action,” Jason Grumet, Sen. Obama’s energy advisor said. “If there's no action by Congress in those 18 months, I think any responsible president would want to have the regulatory approach.” [Bloomberg, October 16 [2]]

Sen. Obama would, “initiate those rulemakings,” Grumet said. “He's not going to insert political judgments to interrupt the recommendations of the scientific efforts.”

Obama campaign officials have since said Grumet was explaining that producing complex government regulations generally takes about 18 months.  [E&ENews PM, October 29 [3]]

Similarly, top McCain adviser Douglas Holtz-Eakin said McCain, if elected, would comply with the Supreme Court ruling on GHGs.  [E&ENews PM, October 29 [3]]

However, two McCain advisers’ have expressed the candidate’s preference for regulating the gas through Congressional legislation—former Central Intelligence Agency director and current McCain adviser James Woolsey said on October 6 that new rules may conflict with Congressional efforts, while policy adviser Rebecca Jensen Tallent said in August that McCain prefers a bill debated by Congress rather than regulations “established through one agency where one secretary is getting to make a lot of decisions.” [Bloomberg, October 16 [2]]

Back to The Candidates and Climate Change: A Guide to Key Policy Positions [4]

Appendix: Candidates’ Climate- and Energy-Related Policy Positions [5]