"The Administration and Congress have to juggle a lot of priorities right now. What happens if Congress drags its feet on cap and trade and we don't see it passed in the near future? Is there any way regulation could step in if greenhouse gases really are a direct threat to public health and welfare?
You rightly point out that the findings obligate the EPA to regulate those pollutants. It is right to say that regulation is not off the table. The only way to take regulation off the table is with legislation that addresses greenhouse gases. And despite the characterization elsewhere, we are not looking to regulate wildly. I do think that you can regulate in a thoughtful fashion. But I would also be willing to bet that those regulations, when proposed, would be subject to all manner of lawsuits."
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