Two decades of federal greenhouse gas regulations under the Clean Air Act have produced almost no measurable emissions reductions in the United States. The article explains how the EPA's authority, established in Massachusetts v. EPA, led to a cycle of rulemaking, litigation, and repeal across successive administrations. The Clean Power Plan, its replacement, and the Biden-era rules were either stayed, vacated, or never took full effect. Emissions have declined since 2007, but due to market forces and technology, not regulation. The piece argues for a more pragmatic path forward: consistent and modest federal rules that preempt a patchwork of state-level regulations and climate liability lawsuits. It highlights the upcoming Supreme Court case Suncor v. Boulder as a key decision on whether companies can face state tort claims for climate damages. The article also notes that Congress codified EPA's greenhouse gas authority in 2022, so the agency's role is now statutory, regardless of the executive branch's stance. This analysis is useful for anyone tracking U.S. climate policy, the future of power plant and vehicle emissions standards, and the legal landscape around corporate climate responsibility.
