EPA Threatened With Lawsuit to Force Cap on Greenhouse Gas Emissions

The Institute for Policy Integrity at NYU Law School has notified the US EPA that it will file a lawsuit against the agency unless a cap on greenhouse gas from cars, boats and airplanes is enacted, under the authority of the Clean Air Act.

The move comes just as President Obama signed a bill requiring US airlines to be excluded from the EU airline emissions trading program, now on hold.

In publicizing the notice of intent Policy Integrity touts the benefits of a cap on emissions, from an economic perspective:
Over the past four years, EPA has put several regulations in place to decrease greenhouse gas emissions, which contribute to climate change. But none are as comprehensive and cost-effective as placing a cap on emissions. According to almost all economists, that means companies pay more than necessary to comply.

In 2009, Policy Integrity submitted a petition to the EPA making the same request. Under the Clean Air Act and Administrative Procedure Act the EPA is supposed to respond to petitions in a reasonable amount of time, and allows petitioners to sue if that has not taken place.

EPA Threatened With Lawsuit to Force Cap on Greenhouse Gas Emissions
The Institute for Policy Integrity hopes to force EPA's hand in mandating a cap on greenhouse gas emissions by using the Clean Air Act.

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