ABSTRACT
Regulating greenhouse gas (GHG) emissions is a complicated task, exacerbated by the inability of the political institutions of government to meet their obligations to protect the public. In the absence of the ideal solution to this policy problem, the public administrators within the Environmental Protection Agency (EPA) are endeavoring to serve the public. Using the Madisonian notion of “auxiliary precautions,” this chapter argues that, particularly in the face of the 2014 Supreme Court decision in Utility Air Regulatory Group v. EPA, the EPA is in the best position to serve the public’s interest and should have more discretion in the absence of the political branches of government taking decisive action on GHG emissions. It is further argued that the EPA is in a position to embody Rohr’s notion of a “balance wheel” to protect the nation from the harmful effects of GHG emissions.
