The past few weeks have been full of developments in the regulation of greenhouse gas, or GHG, emissions under the Clean Air Act. Like all rulemaking that matters, GHG regulation creates winners and losers. You will have read a good bit already about opposition to GHG regulation in Congress, the states, before the regulators and in the courts.
But lawyers also have to be alert to ways in which we can help our clients capture chances to be winners and avoid or mitigate the risk of being losers. That apolitical role can sometimes get lost. These rules will create a lot of business opportunity, and clients will want to identify that opportunity and capitalize on it.