Regulating Carbon Dioxide

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Last year the Supreme Court ruled that the EPA is required to decide if carbon dioxide is a pollutant as defined by the Clean Air Act.  The Bush White House basically just ignored the ruling, but now there’s a new sheriff in town:

The Environmental Protection Agency is expected to act for the first time to regulate carbon dioxide and other greenhouse gases that scientists blame for the warming of the planet, according to top Obama administration officials.

….Lisa P. Jackson, the new E.P.A. administrator, said in an interview that she had asked her staff to review the latest scientific evidence and prepare the documentation for a so-called endangerment finding….If the environmental agency determines that carbon dioxide is a dangerous pollutant to be regulated under the Clean Air Act, it would set off one of the most extensive regulatory rule makings in history. Ms. Jackson knows that she would be stepping into a minefield of Congressional and industry opposition and said that she was trying to devise a program that allayed these worries.

This is sort of a good-news-bad-news situation.  The bad news is that the Clean Air Act probably isn’t a very good vehicle for regulating greenhouse gases.  Its state-based machinery just wasn’t built for something like this.  The good news is that this very fact might act as a spur for Congress to enact something better, such as a national carbon tax, cap-and-trade plan, or even simply some more appropriately designed regulation.  Of these, cap-and-trade seems to be the most likely candidate, since it has support both in Congress and the White House already, and it might pick up some Republican votes it wouldn’t otherwise get if the alternative is to let the hated EPA start writing its own rules.

And if it doesn’t act as a spur?  Then it’s still good news, because it means at least we’ll get something, even if it’s not the most efficient regulatory regime we can imagine.  All things considered, I’m a fan of cap-and-trade myself, but I figure any port in a storm.  If I can’t get what I want, I’ll settle for the EPA at least getting the ball rolling.  Eventually the business community will scream hard enough to make Congress do something intelligent.

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Truth #1: The chaos is the point.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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