Given the built-in limitations on EPA authority contained in the
Clean Air Act, fears of agency “overreach” are misplaced. With
climate change legislation stalled in the U.S. Congress, all
eyes have turned to the U.S. Environmental Protection Agency for
emissions reductions. According to our recent report, Reducing
Greenhouse Gas Emissions Using Existing Federal Authorities and
State Action EPA can make significant progress to reduce
emissions through implementation of measures under the existing
Clean Air Act. Yet the prospect of EPA action has caused some in
Congress and industry to express fears that EPA will go too far
by imposing unreasonable regulations to reduce greenhouse gas
emissions. Given the built-in limitations on EPA authority
contained in the Clean Air Act, these fears are misplaced. EPA
has no more regulatory authority than Congress has granted it.
Congress created the Environmental Protection Agency and
legislated the Clean Air Act. Congress has amended the Act
multiple times over its 40-yea