It now appears nearly inevitable that American industry will soon have to contend with regulations governing greenhouse-gas emissions. In April, the Environmental Protection Agency (EPA) formally designated carbon dioxide and five additional heat-trapping gases as pollutants that endanger public health and welfare.

The agency’s decision initiates a rule-making process and paves the way for emissions limits under the Clean Air Act. Some critics contend that the act, now more than 40 years old, is ill-suited for regulating carbon dioxide or other greenhouse gases. And others predict that any resulting emissions restrictions would become mired in lawsuits. However, many observers say that the real objective of the EPA action is to put pressure on lawmakers to enact legislation tailor-made to addressing climate change. “The finding is intended as a spur to Congress,” says Andrew Goldberg, senior director of federal affairs for the American Institute of Architects.

And in fact, the House has already approved energy and climate-change legislation that includes emissions-reduction targets. The bill, known as the American Clean Energy and Security Act of 2009 (ACES), passed narrowly by 219 to 212 votes late in June. Sponsored by democratic representatives Henry A. Waxman of California, and Edward J. Markey of Massachusetts, ACES would establish a “cap-and-trade” system that sets limits for emissions and creates a market for buying and selling pollution allowances. The bill seeks to reduce emissions three percent from 2005 levels by 2012. The required reductions would surge up to 17 percent by 2020, and to 83 percent by mid-century.

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