October 16, 2008
Can EPA Use Existing Authority to Regulate CO2 Emissions from Stationary Sources?
Co-sponsored by the ABA Section of Environment & Natural Resources, and the Standing Committee on Environmental Law
Much attention has been devoted to pending legislation that would create elaborate cap-and trade systems to limit greenhouse gas emissions from fixed facilities. But passage of such legislation is not assured. Could EPA do anything now, under current law, to limit these emissions? Very little attention has been devoted to this question. Don Elliott, former EPA General Counsel, argued that EPA actually has significant authority right now under existing Clean Air Act authorities. Peter Tsirigotis provided EPA’s perspective on this question, and David Doniger weighed in on behalf of a leading environmental NGO.
E. Donald Elliott, Partner, Willkie, Farr & Gallagher LLP
Jim Ketcham-Colwill, Senior Policy Analyst, EPA Office of Air and Radiation, Office of Policy Analysis and Review, U.S. Environmental Protection Agency
David Doniger, Policy Director, Climate Center, Natural Resources Defense Counsel
William Luneburg, Professor of Law, University of Pittsburgh