Bryan Walsh
Time
February 24, 2010

  • A d v e r t i s e m e n t
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From the moment President Barack Obama took office, he has emphasized the importance of dealing with climate change. He’s said that the right way to do it is to pass congressional legislation that would cap greenhouse-gas emissions. But eight months after the House of Representatives passed a cap-and-trade bill, similar legislation remains mired in the Senate, its chances of passage dimming by the day. With midterm elections not far off — threatening serious losses in Democratic seats in Congress — it’s reasonable to wonder whether the carbon-capping bill will ever become law in the U.S.

But there is a Plan B. In 2007, the Supreme Court ruled that greenhouse gases like CO2 could be considered pollutants and gave the Environmental Protection Agency (EPA) the power to regulate them under the Clean Air Act. Although that authority went unused in the waning days of former President George W. Bush’s Administration, the Obama EPA has spent much of the past year preparing the groundwork for regulation. In the absence of a climate bill, the EPA has the power — and is legally mandated by the Supreme Court — to step in and address carbon emissions.

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