"Democrats Designed the Climate Law to Be a Game Changer. Here’s How."

"In a first, the measure legally defines greenhouse gases as pollution. That’ll make new regulations much tougher to challenge in court."

"When the Supreme Court restricted the ability of the Environmental Protection Agency to fight climate change this year, the reason it gave was that Congress had never granted the agency the broad authority to shift America away from burning fossil fuels.

Now it has.

Throughout the landmark climate law, passed this month, is language written specifically to address the Supreme Court’s justification for reining in the E.P.A., a ruling that was one of the court’s most consequential of the term. The new law amends the Clean Air Act, the country’s bedrock air-quality legislation, to define the carbon dioxide produced by the burning of fossil fuels as an “air pollutant.”

That language, according to legal experts as well as the Democrats who worked it into the legislation, explicitly gives the E.P.A. the authority to regulate greenhouse gases and to use its power to push the adoption of wind, solar and other renewable energy sources."

Lisa Friedman reports for the Washington Post August 22, 2022.


"Climate Law Gives Clean Air Act a Legal Boost After Court Rebuke" (Bloomberg Environment)

"The Inflation Reduction Act Includes Historic Modernization of the Clean Air Act for the American People" (EDF)

Source: NYTimes, 08/23/2022