Helena Joyce
On December 7, 2009, EPA Administrator Lisa P. Jackson became the first federal official to declare carbon dioxide a pollutant. This came in the form of an endangerment finding, which asserted that carbon dioxide and five other greenhouse gases pose a threat to human health when concentrated in the atmosphere. While carbon dioxide (CO2) is the most significant pollutant responsible for climate change, CO2 emissions were not previously identified as a pollutant in the Clean Air Act (CAA), and no air quality standards for CO2 levels had been legally set. However, in 2022, the Inflation Reduction Act (IRA) amended the CAA and laid the legal foundation for stronger federal oversight of CO2 emissions, defining carbon dioxide as a pollutant and giving the EPA the authority to regulate greenhouse gases.
| Characteristics | Values |
|---|---|
| Date CO2 was declared a pollutant | 7th December 2009 |
| Person who declared CO2 a pollutant | EPA Administrator Lisa P. Jackson |
| Reason for declaration | To address climate change and protect public health and welfare |
| Legal basis | Clean Air Act, Inflation Reduction Act of 2022 |
| Regulatory body | Environmental Protection Agency (EPA) |
| Challenges | Legal challenges from conservative groups and industries |
| Solutions | Carbon capture and storage, renewable energy sources |
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What You'll Learn
In 2007, the US Supreme Court ruled that CO2 is a pollutant
On April 2, 2007, the US Supreme Court ruled that the US Environmental Protection Agency (EPA) could regulate carbon dioxide (CO2) as an air pollutant. This ruling came about as a result of the case Massachusetts v. EPA, in which the Supreme Court voted 5-4 in favor of Massachusetts and against the EPA. The Court held that the EPA could not cite policy reasons to justify not issuing motor vehicle emissions standards under the Clean Air Act. The Court argued that Massachusetts and environmental advocacy groups had standing to challenge the EPA in court, as they could demonstrate a connection to the law and show that they would be harmed by the EPA's decision not to regulate carbon dioxide.
The Supreme Court's decision reversed the previous ruling of the United States Court of Appeals for the District of Columbia Circuit, which had upheld the EPA's position that it did not have the legal authority under the Clean Air Act to regulate carbon dioxide and other similar gases as air pollutants. The EPA had also argued that even if it had the authority, it would not regulate carbon dioxide because it would interfere with the George W. Bush administration's preferred policy approach to human-caused climate change, which included voluntary international climate agreements rather than Clean Air Act regulations.
The Supreme Court's ruling in Massachusetts v. EPA set an important precedent and had significant implications for climate regulation in the United States. It established that the EPA has the authority to regulate greenhouse gases and take action to curb carbon dioxide emissions. This ruling gave the EPA the legal foundation to push for the adoption of renewable energy sources and made it harder for legal challenges to climate regulation to succeed.
While the 2007 Supreme Court ruling was a significant step forward in recognizing CO2 as a pollutant, it is important to note that the Clean Air Act itself has not specifically identified CO2 emissions as a pollutant or set air quality standards for CO2 levels. Despite this, the EPA has repeatedly attempted to curb carbon dioxide emissions in the spirit of the Clean Air Act's intent to protect public health and air quality. The Inflation Reduction Act of 2022 (IRA) has also provided further legal groundwork for the EPA to take action on climate regulation and encouraged the adoption of sustainable technology and businesses.
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The EPA has the authority to regulate CO2 emissions
In 2022, the Inflation Reduction Act (IRA) defined carbon dioxide as a pollutant, giving the Environmental Protection Agency (EPA) the authority to regulate carbon dioxide (CO2) emissions. The IRA lays the legal groundwork for the EPA to take action on sustainability and climate change, promoting renewable energy sources and addressing the threat of global warming.
While the Clean Air Act (CAA) has not specifically identified CO2 emissions as a pollutant, the EPA has the mandate to regulate pollutants and protect public health and air quality. The EPA has repeatedly attempted to curb CO2 emissions, but has faced legal challenges. In Massachusetts v. EPA in 2007, the Supreme Court ruled that the EPA has the authority to regulate greenhouse gases, as they are air pollutants covered by the Clean Air Act. This decision was based on the broad language of Section 202(a) of the Clean Air Act, which grants the EPA administrator the authority to regulate any pollutants that "cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare."
The EPA's GHG Tailoring Rule, issued in 2010, established emission thresholds for permitting GHG emissions under the Prevention of Significant Deterioration (PSD) and Title V Operating Permit Programs. The Tailoring Rule raised the major source regulatory threshold for GHGs from 100/250 tons per year to 100,000 tons per year of CO2 equivalent emissions. This rule focused on the largest emitters and aimed to reduce the administrative burden on permitting authorities.
Additionally, the EPA has issued guidance for determining Best Available Control Technology (BACT) for GHG emissions at bioenergy facilities. The EPA has also addressed the treatment of biogenic CO2 emissions in its air regulatory programs, demonstrating its recognition of CO2 as a pollutant and its commitment to regulating emissions.
In summary, while CO2 emissions were not explicitly declared a pollutant until 2022 with the IRA, the EPA has had the authority to regulate CO2 emissions since the 2007 Supreme Court ruling in Massachusetts v. EPA. The EPA has taken steps to regulate GHG emissions through permitting programs, the Tailoring Rule, and guidance for specific industries. However, the EPA has faced legal challenges and has proposed deregulating greenhouse gas emissions from vehicles, arguing that it lacks jurisdiction.
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CO2 is a major contributor to global warming
Carbon dioxide (CO2) is a greenhouse gas and is the most significant pollutant responsible for climate change. In 2022, CO2 was legally declared a pollutant in the United States through the Inflation Reduction Act (IRA), which amended the Clean Air Act (CAA). While the CAA has long addressed other pollutants, it had not been updated to specifically target CO2 as a driver of global warming.
CO2 contributes to global warming by reducing the Earth's energy loss to space. NASA has recorded a steady rise in the Earth's energy loss to space over the last 50 years, indicating that more heat is being retained in the atmosphere. The concentration of CO2 in the atmosphere has been increasing rapidly, and the rate of increase over the past 60 years is about 100 times faster than previous natural increases. The annual average carbon dioxide concentration in 2024 was measured at 422.8 parts per million ("ppm"), a new record high.
The rise in CO2 levels is primarily driven by human activities, particularly the burning of fossil fuels and industrial processes. Global emissions are still rising, although many countries have managed to reduce their emissions in recent decades. For example, domestic emissions in the UK have halved since 1970, and emissions in the European Union have decreased by more than a quarter. These reductions have been achieved even as these economies have grown, demonstrating that it is possible to reduce emissions while growing economically.
The Paris Agreement aims to limit global warming to "well below 2°C", but current policies are not on track to achieve this goal. To meet this target, countries need to strengthen their commitments and implement more ambitious climate policies. While the IRA in the United States provides a legal foundation for stronger federal oversight of emissions, it does not directly reduce emissions or include specific regulations restricting carbon emissions. Therefore, further action is needed to address the threat of global warming caused by CO2 and other greenhouse gases.
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The Clean Air Act requires the EPA to regulate air quality
The Clean Air Act (CAA) is a comprehensive federal law that regulates air emissions from stationary and mobile sources. The Act requires the Environmental Protection Agency (EPA) to establish national ambient air quality standards (NAAQS) to protect public health and welfare. The EPA has set air quality standards for six common "criteria pollutants": particulate matter (also known as particle pollution), ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide, and lead.
The Clean Air Act was first established in 1967, with major updates in 1970, 1977, and 1990. The 1970 Clean Air Act Amendments marked a shift from the previous approach of the EPA regulating toxic air pollutants one chemical at a time. The 1990 Amendments further built on this by requiring the issuance of technology-based standards for major sources and certain area sources. "Major sources" refer to stationary sources or groups of stationary sources that emit or have the potential to emit 10 tons per year or more of a hazardous air pollutant.
The Clean Air Act requires states to adopt enforceable plans to achieve and maintain air quality that meets the established standards. These state plans must also control emissions that drift across state lines and impact the air quality in other states. The Act also includes provisions to minimize pollution increases from growing numbers of motor vehicles and new or expanded industrial plants.
While the Clean Air Act has been instrumental in reducing air pollution in the United States, it did not specifically identify carbon dioxide (CO2) emissions as a pollutant. However, in 2022, the Inflation Reduction Act (IRA) amended the Clean Air Act and laid the legal foundation for stronger federal oversight of CO2 emissions. This amendment provided the EPA with the authority to regulate CO2 and other greenhouse gases, positioning the agency to take more direct action to address climate change.
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The IRA provides legal groundwork for the EPA to act on climate change
The US Environmental Protection Agency (EPA) has long had a mandate to regulate pollutants and protect public health and air quality. However, despite carbon dioxide (CO2) being the most significant pollutant responsible for climate change, it was not previously identified as a pollutant in the Clean Air Act (CAA). This meant that the EPA did not have a stated mandate to fight climate change.
The Inflation Reduction Act of 2022 (IRA) includes sustainability as one of its key focuses. The IRA has been called "the climate bill" as it lays the legal groundwork for stronger federal oversight of emissions most significant to climate change. The IRA includes a provision that amends the CAA, defining CO2 as a pollutant. This gives the EPA the authority to regulate greenhouse gases and adopt renewable energy sources.
The IRA also addresses the Supreme Court's justification in West Virginia vs. EPA that Congress never granted the EPA broad authority to shift America away from burning fossil fuels. The IRA provides a conclusive defense for the EPA to take action on climate change and regulate greenhouse gas emissions. The EPA can now consider options such as efficiency improvements and carbon capture to reduce emissions.
Furthermore, the IRA establishes the Environmental and Climate Justice Program (ECJ Program), providing funding for financial and technical assistance to support environmental and climate justice activities. The IRA also includes tax credits for electric vehicles and residential solar arrays, as well as rebates for energy-efficient appliances, which will help reduce emissions and accelerate the transition to a clean energy economy.
In conclusion, the IRA provides the legal groundwork for the EPA to act on climate change by defining CO2 as a pollutant, addressing previous legal challenges, and establishing programs and incentives to reduce emissions and promote sustainable practices.
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Frequently asked questions
In 2007, the US Supreme Court decided that greenhouse gases, including CO2, are air pollutants covered by the Clean Air Act. In 2009, EPA Administrator Lisa P. Jackson became the first federal official to explicitly declare carbon dioxide a pollutant.
The declaration gave the EPA the authority to regulate greenhouse gases and push for the adoption of renewable energy sources.
The legal basis for the declaration was the Clean Air Act (CAA), which requires the EPA to establish national ambient air quality standards. The Supreme Court decision in Massachusetts v. EPA found that greenhouse gases fall within the CAA's definition of "air pollutant".
