Jason Grumet, energy advisor to Sen. Obama, says that, if elected, Obama will classify carbon dioxide as a pollutant under the Clean Air Act. In order to make such a classification, it must be found that carbon dioxide may present a threat to public health or welfare, which is a finding that could be—and most certainly would be—subject to litigation. Assuming that the decision to classify carbon dioxide as a pollutant was to stand up in court, such an action would both authorize and obligate the Environmental Protection Agency to promulgate emission limiting regulations that could apply to power plants and various other industries. Significantly, it is not clear how this apparent call for new regulations under the Clean Air Act meshes with Mr. Obama's apparent support for new, climate change-specific legislation; regulating the emission of a single pollutant under both the Clean Air Act and new legislation could lead to an unnecessarily confusing and duplicative regulatory morass.