U.S. Chamber of Commerce Challenges EPA's Decision to Regulate Greenhouse Emissions
On February 12th, the U.S. Chamber of Commerce filed a formal petition in federal court challenging the authority of the U.S. Environmental Protection Agency to regulate U.S. greenhouse emissions. The State of Texas and several other industry groups made similar filings in the District of Columbia on February 16th.
In December 2009, the EPA ruled that greenhouse gases, such as carbon dioxide, endanger human health. The EPA contends that under the Clean Air Act, such an "endangerment finding" allows the EPA to issue mandatory Clean Air Act regulations to reduce these emissions, without the need for Congressional action.
The Chamber's general counsel, Steven J. Shaw, stated that the EPA's endangerment finding was overreaching and could have a "huge potential impact on jobs and local economies." The Chamber argues that the appropriate course of action is a "careful analysis of all available data and options" and "bipartisan legislation that promotes new technologies, emphasizes efficiency, ensures affordable energy for families and businesses, and defends American jobs while returning our economy to prosperity."
The Chamber's challenge focuses on the inadequacies of the EPA's procedure in triggering Clean Air Act regulation, and not on substantive environmental issues, such as climate change or endangerment. In addition to the filing of petitions, the Chamber and the State of Texas have encouraged the EPA to reconsider its endangerment ruling.
D. Eric Lycan
1010 Monarch Street
Suite 250
Lexington, Kentucky 40513
859.219.8213
eric.lycan@steptoe-johnson.com
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