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EPA's comment period on GHG regulation under CAA goes through the looking glass

On July 11, 2008, EPA released its advanced notice of proposed rulemaking on potential regulation of greenhouse gases (GHGs) under the Clean Air Act (CAA), as noted in a prior post. Thereafter, the notice was published in the Federal Register. 73 Fed. Reg. 44,354. The notice provided for a 120-day comment period. On Nov. 14, 2008, EPA rejected a petition from the National Association of Manufacturers (and seven other organizations) requesting additional time for the submittal of comments, citing to the "unprecedented" scope of the proposed rule-making; EPA noted the unusually lengthy comment period that was provided to support its rejection. Even so, EPA then said it would accept comments even after the comment period closed on Nov. 28. "Contrariwise," continued Tweedledee, "If it was so, it might be; and if it were so, it would be; but as it isn't, it ain't. That's logic."