CLIMATE AND A FINER POINT OF LAW

Overlooked law could be powerful tool to fight climate change, scholars say

David Garisto, February 26, 2016 (Columbia Spectator)

“…[Columbia University] legal scholars may have found a promising, never-before-used route for enacting emission reductions…[Section 115 of the Clean Air Act can be used[to compel the United States to cut emissions—without going through Congress…When the article was released, Obama’s plan to reduce greenhouse emissions by 25 percent, the Clean Power Plan, was still going forward…[Then] the Supreme Court issued an unprecedented stay…The drama surrounding the Clean Power Plan’s judicial struggles increased, as only days later, conservative Justice Antonin Scalia died…Without Scalia on the court, the vote will likely be tied 4-4, making Scalia’s replacement the deciding vote…[Under Section 115 of the Clean Air Act,] the Environmental Protection Agency can force states responsible for polluting other countries to cut emissions so long as those other countries agree to cut their own emissions. Agreements made at the 2015 United Nations Climate Change Conference between 195 countries to reduce carbon dioxide production could make this reciprocity clause easy to fulfill...In addition to the ability to bypass Congress, a regulation on the basis of Section 115 would also be supported by strong, broad language that could render judicial attacks null…” click here for more

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