Section 202 (A) Of The Clean Air Act
Yes. Section 202(a)(1) of the Clean Air Act clearly provides that the EPA Administrator shall promulgate standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines that, in the Administrator’s judgment, may reasonably endanger the public health or welfare. The EPA argues that carbon dioxide, the basis of greenhouse gas emissions, is not an “air pollutant” within the meaning of the CAA. However, the definition of “air pollutant” is broad enough to encompass any air pollutant, including “any physical, chemical…substance or matter which is emitted into or otherwise enters the ambient air….” 42 U.S.C. § 7602(g). The EPA further claims it should not be required to issue