Treatment of Greenhouse Gases Under the Clean Air Act

   By Carol E. Dinkins and Eric Groten, Partners, Vinson & Elkins; General Editor Bradley M. Marten

In the absence of federal climate change legislation, questions about whether and how greenhouse gases may be regulated under the Clean Air Act (CAA) have never been more pressing. This pamphlet discusses what each branch of government has had to say on the treatment of greenhouse gases under the CAA, starting with Congress, followed by the judiciary, and finally the executive branch. Coverage includes an examination of the U.S. Supreme Court's landmark decision in Massachusetts v. EPA, its implications, and EPA's subsequent actions to regulate greenhouse gases under the CAA. Included in the discussion of EPA's recent actions are its final endangerment finding under CAA Section 202(a); the promulgation of "tailpipe rules" and its issuance of "Tailoring Rules."

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Carol E. Dinkins is a partner with Vinson & Elkins L.L.P. where she chairs the environmental law practice. She is President-Elect of the American College of Environmental Lawyers.

Eric Groten, partner at Vinson & Elkins, is a full-service Clean Air Act practitioner. His twenty-five year career has allowed him to undertake the wide array of legal work generated by state and federal air quality laws.

Bradley M. Marten, founder and Managing Partner of Marten Law PLLC, is consistently ranked by his peers as one of the nation's top environmental lawyers. He is a Regent of the American College of Environmental Lawyers and Chairs its Policy Committee. He is listed as a top environmental lawyer in the Best Lawyers in America, Chambers, and the International Who's Who of Environmental Lawyers, and been recognized in many other publications for his work in the environmental law field over a 25 year career. Brad represents both corporate and public clients in matters touching on most of the major environmental and energy practice areas. He is the General Editor for the LexisNexis Global Climate Change Special Pamphlet Series.