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Blowing Hot Air: An Analysis Of State Involvement In Greenhouse Gas Litigation, Caroline Cecot

Vanderbilt Law Review

In Massachusetts v. EPA (2007), the U.S. Supreme Court interpreted the Clean Air Act ("CAA") to require the Environmental Protection Agency ("EPA") to regulate greenhouse gas emissions1 from motor vehicles if the EPA Administrator finds that the emissions endanger public health and welfare ("Endangerment Finding"). In December 2009, the Administrator made such an Endangerment Finding, obligating the EPA to work with the National Highway Traffic Safety Administration ("NHTSA") to develop average fuel economy and greenhouse gas emission standards for new light-duty vehicles. After issuing proposals and reviewing comments from the public, the two agencies announced their groundbreaking final regulation ("Tailpipe …