The Corner

Re: He Who Pays the Piper

Stephen — It wasn’t just getting a single national standard, it was also the guarantee that the eventual Section 202 federal GHG emission standard would be folded in, and that California would not go beyond it.  The certainty of what to expect from EPA going forward combined with a single national standard are, together, worth quite a bit.  Absent Mass v. EPA and the EPA’s proposed endangerment finding, this would not have happened.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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