https://www.wsj.com/articles/bidens-backdoor-climate-plan-11616020338?mod=opinion_lead_pos1
“To sum up, Democratic AGs, green groups and a top Biden environmental regulator are colluding on a plan to impose the Green New Deal on states through a back regulatory door because they know they can’t pass it through the front in Congress.”
President Biden wants Congress to pass climate legislation, but that faces political obstacles. No worries—state Democratic Attorneys General are conspiring with green groups on a regulatory Plan B.
Climate activists have long sought to force CO2 emissions reductions under the Clean Air Act, but this has been tricky. The Supreme Court in Massachusetts v. EPA (2007) ruled that the law’s general definition of “pollutant” covered greenhouse gases. But the Court didn’t tell the EPA how it should regulate CO2 under the law.
Massachusetts v. EPA set the ground for the Obama EPA’s “endangerment finding” in 2009 declaring that greenhouse gases are a threat to public health and welfare. Green groups then petitioned the Obama EPA to list CO2 as a “criteria pollutant” and set National Air Ambient Quality Standards (NAAQS).
The EPA dictates air quality standards for six “criteria pollutants” known to directly harm human health: nitrogen dioxide, sulfur dioxide, lead, carbon monoxide, ozone and particulate matter. States must craft plans to meet the EPA standards if they are out of compliance.