By Byron F. Taylor and Jason E. James (March 19, 2013)

After the U.S. Supreme Court ruled in 2007 that greenhouse gases qualify as an “air pollutant” under the Clean Air Act, the U.S. Environmental Protection Agency embarked on a process to regulate greenhouse gas emissions from stationary sources for the first time. The agency has issued several greenhouse gas rules to date and additional new rules with broad applicability are due to be released this year or soon thereafter. For some, the agency cannot move quickly or strongly enough in its efforts to combat climate change. For others, the broad applicability and potential stringency of these new regulations may unnecessarily hamstring economic growth and energy development without commensurate environmental or social benefits.