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Published: 2009

Total Pages: 0

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Proponents of legislation counter that the threat of climate change is too important for action to be delayed, and that energy-efficiency and lower GHG emissions can be the building blocks of a program to restore the economy as well as to protect the environment. [...] If it makes this finding of endangerment, the act requires the agency to regulate emissions of the pollutants.11 The ANPR In nearly two years following the Court's decision, the Bush Administration's EPA did not respond to the original petition or make a finding regarding endangerment. [...] Besides requesting information, it took the unusual approach of presenting statements from the Office of Management and Budget, four Cabinet Departments (Agriculture, Commerce, Transportation, and Energy), the Chairman of the Council on Environmental Quality, the Director of the President's Office of Science and Technology Policy, the Chairman of the Council of Economic Advisers, and the Chief Cou [...] As noted in our discussion of Massachusetts v. EPA, it was a petition to EPA that it control GHG emissions from new motor vehicles that precipitated much of the discussion of the agency's Clean Air Act authority to control GHGs, and brought the issue to the attention of the courts. [...] The state must apply for a waiver of federal preemption in order to enforce its more stringent standards, which EPA is to grant if the state meets certain criteria, primarily a showing that the standards are needed to meet "compelling and extraordinary conditions." In the 1970s, California and the federal government used technology-forcing regulations to bring about the development and introductio.