EPA’s Endangerment Finding Under Fire by States, Lawmakers and Industry Groups

by | Feb 18, 2010

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emissions-6A legal battle is brewing for the U.S. Environmental Protection Agency’s endangerment finding for greenhouse gasses after several industry groups, conservative think tanks, lawmakers and three states filed 16 court challenges before yesterday’s (Feb. 16) deadline, reports the New York Times.

The lawsuits filed in the U.S. Circuit Court of Appeals request a review of EPA’s determination that greenhouse gases endanger human health and welfare. The finding allows the EPA to regulate greenhouse gas emissions under the Clean Air Act.

Like the U.S. Chamber of Commerce, which separately filed a formal petition to challenge the EPA’s decision to trigger the Clean Air Act regulation, many of these petitioners argue that the EPA regulations will hurt the economy and eliminate jobs, reports the New York Times.

The groups that filed petitions are the Ohio Coal Association, the Utility Air Regulatory Group, the Portland Cement Association, the state of Texas and the Competitive Enterprise Institute, along with a coalition that includes the National Association of Manufacturers (NAM), the American Petroleum Institute, the Corn Refiners Association, the National Association of Home Builders, the National Oilseed Processors Association, the National Petrochemical and Refiners Association, and the Western States Petroleum Association.

Ten other petitions have been filed by Alabama, Virginia, the American Iron and Steel Institute, Gerdau Ameristeel, the American Farm Bureau Federation, the National Mining Association, Peabody Energy, the U.S. Chamber of Commerce, the Southeastern Legal Foundation on behalf of 13 House Republicans and business associations, and the Coalition for Responsible Regulation, reports E&E News.

In response, the EPA and environmentalists say the agency is required by law to begin regulating greenhouse gas emissions, and is finalizing new greenhouse gas rules for automobiles and large stationary sources next month, reports the New York Times.

A coalition of 16 states and New York City, and several environmental groups including the Natural Resources Defense Council, Environmental Defense Fund, Sierra Club and the National Wildlife Federation are seeking to intervene in the lawsuit against the EPA, reports E&E News.

Conservation Law Foundation filed a separate motion, according to the article.

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