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Administrative Law

Case Western Reserve University School of Law

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2011

Climate change

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Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler Jan 2011

Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler

Faculty Publications

The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These regulatory initiatives mark a dramatic expansion of federal environmental controls on private economic activity. These efforts are unwise. Regulating greenhouse gases under the Clean Air Act, in particular, will impose substantial regulatory costs for minimal environmental gain. Extensive GHG regulation will not produce much actual climate change mitigation. Mitigating the threat of anthropogenic climate change requires …