The Institute for Policy Integrity produces three types of publications: policy briefs, reports, and working papers. Geared to an audience of political decisionmakers, our policy briefs provide incisive and focused analysis on timely policy topics. Our report series develops deeper research and examination of our core issues. Our working papers give an opportunity for extensive and original scholarly research and analysis from established experts as well as fresh new voices.
The United States Supreme Court determined that greenhouse gases (GHGs) were an “air pollutant” under the Clean Air Act in its ruling on Massachusetts v. EPA. The Environmental Protection Agency (EPA) has since taken steps to regulate GHGs under a rarely utilized provision of the Clean Air Act, section 111(d). Despite the text printed in the U.S. Code, the true text of section 111(d) is in doubt. This is because of a small but potentially significant legislating error that occurred during the creation of the 1990 Clean Air Act Amendments, when the Senate and House of Representatives made different revisions to section 111(d), both of which were passed by both houses of Congress and signed by the President. This paper analyzes whether the conflicting amendments to section 111(d) will prove to be a problem or an opportunity for EPA in its efforts to regulate GHGs.
Climate change is expected to make wildfires more frequent and intense, with new areas facing wildfire risk. This could take a serious toll on the U.S. economy by expanding the area that wildfires burn 50 percent by 2050—and raising projected damages by tens of billions of dollars a year. Flammable Planet provides the first-ever estimate of the extent to which climate change will magnify the future economic costs of wildfires.
The State of the Debate
Environmentalists, industry groups, and state governments have been vocal regarding their preferences for the shape of EPA’s forthcoming rule on greenhouse gas pollution from existing power plants. In this policy brief, Jack Lienke and Jason Schwartz survey 30 public letters, white papers, presentations, and reports from these stakeholders and outline their positions.