Be Careful What You Ask For?

Opposition from Republican and some Democratic senators, spurred on by industry groups, has successfully forestalled (if not killed, per our prior blog post) passage of comprehensive climate change legislation. However, as Greenberg Traurig shareholder David Mandelbaum notes in his monthly column for The Legal Intelligencer, EPA and some states (notably Pennsylvania) will be regulating greenhouse gas emissions, perhaps awkwardly, under the Clean Air Act and state analogs. Query whether we are better off driving nails with baseball bats or hammers?

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