US Asks Court to Sustain Regulators’ Finding About Greenhouse Gas Emissions

US Asks Court to Sustain Regulators’ Finding About Greenhouse Gas Emissions

9/5/2011

 

Lawyers for the US government defended the finding of federal regulators that greenhouse gas emissions imperil the health of the public, referring to the scientific and legal support for the decision as overwhelming. They are also asking a court to throw out industry and lawsuits filed against it.

The Department of Justice, on the Environmental Protection Agency’s behalf, told the DC Circuit Court of Appeals that the suits rely, for the most part, on scattered challenges that amounts to a little more than false or immaterial description of some isolated sections of a convincing technical data.

Lawyers for the Justice Department in their written arguments filed with the court, stated, “In fact, most of the key components of EPA’s scientific analysis are essentially undisputed.”

Dozens of parties are suing the EPA, asking the courts to overturn the endangerment finding that was issued in late 2009, which stated that the GHG emissions from cars are putting the public’s health and welfare in peril.

This finding led to the EPA’s issuance of its tailoring rule, which included GHG emissions in Clean Air Act permits for key stationary sources, which is also a target of another case before the DC Circuit.

Those who are suing the EPA include industry groups, coal producers, conservative think tanks and the state of Texas.

WRITTEN BY:

blakeh@wellsdrew.com