EPA: In the Face of Denial

, The American Lawyer

Climate change litigation has been hot during the Bush administration-but since 2003, most of the cases have been coming from states and private parties. That year, the Environmental Protection Agency ruled that carbon dioxide is not a pollutant that can be regulated under the federal Clean Air Act. State attorneys general and environmental advocacy groups have tried to use the courts to crack down on greenhouse gas emissions ever since. But the right of states and private parties to use litigation to stand in for the EPA or prompt federal regulation remains un-clear.