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The Clean Air Act is arguably the most successful and cost-effective environmental law in history. It is already a mature and flexible instrument designed to integrate the work of all economic sectors and all levels of government. Honed in three stages of effort – the original lawmaking, and two rounds of amendments – it is a functioning national regulatory structure that spans decades of deliberation, compromise and practice.
The law's applicability to greenhouse gases was confirmed in April 2007 by the Supreme Court’s groundbreaking decision in a landmark case known as Massachusetts v Environmental Protection Agency. The high court essentially said the United States currently has a law for regulating carbon dioxide called the Clean Air Act, and unless the EPA can overturn established climate science, it must apply the law. The Bush administration ignored the ruling.
Under new EPA Administrator Lisa Jackson's leadership, with the support of White House climate policymaker Carol Browner – herself a former EPA chief – we're already seeing action.
Less than three weeks into the Obama administration, Jackson's office dropped a Bush-era appeal of a ruling on the exempting of coal-fired power plants from mercury emissions limits, and it vowed to act quickly on Massachusetts v. EPA.
Jackson also started the 60-day process toward granting of a long-contested waiver to California to allow the standard-setting state to set more stringent auto emissions rules. Seventeen states have said they would follow California's lead, effectively ratcheting up the pace at which automakers will have to deliver vehicles with greater fuel economy.
Like the expected order from the President to close Guatanamo immediately, granting Califonia the waiver – long-denied by the Bush EPA, possibly in contravention of law – will be a both a practical and symbolic victory for climate action and a sign that the new administration means business.
Action beyond that is certain, but the precise strategy is a still a matter of speculation.
The Clean Air Act is a very complex and interconnected regulatory structure where application of one provision triggers action under others. Legal experts an advisers are studying the law and recommending pathways for the swiftest and most cost-effective results.
For an overview of the options available for applying the Clean Air Act, please see the story we posted here.