EPA Endangerment Finding Paves Way for Massive
New Emissions Regulation Scheme
The Environmental Protection Agency (EPA) this month declared that greenhouse gas (GHG) emissions endanger human health and welfare by contributing to and causing climate change. The finding was expected, given an earlier preliminary finding, and formally opens the door to future regulation of GHG emissions from automobiles, coal-based power plants and other stationary sources.
A 2007 Supreme Court ruling granted EPA authority to control GHG emissions under the Clean Air Act (CAA) pending a positive endangerment finding. EPA is not, however, finalizing any control regulations with this finding.
The endangerment finding begins a circuitous regulatory route that starts as early as March 2010 with regulation of auto emissions, activating a CAA permit program that would trigger requirements for other sources of GHG emissions.
The endangerment finding, released on the opening day of the UN Copenhagen climate change conference, cheered advocates frustrated by congressional inaction to legislate reductions.
Although the motor vehicle sector would be the first to face actual control regulations for GHG emissions, EPA is expected to promulgate GHG standards for stationary sources beginning early next year.
More information is available at: EPA Endangerment Finding.
Murkowski Seeks to Halt EPA Endangerment, Warns of
Impact on U.S. Economy
U.S. Sen. Lisa Murkowski (R-Alaska) announced on Dec. 14 her intention to file a disapproval resolution to stop the Environmental Protection Agency (EPA) from regulating greenhouse gas emissions under the Clean Air Act.
Murkowski’s resolution comes in the wake of the agency’s recent endangerment finding, which could result in damaging new regulations that endanger America’s economy.
“I remain committed to reducing emissions through a policy that will protect our environment and strengthen our economy, but EPA’s backdoor climate regulations achieve neither of those goals,” Murkowski said in Dec. 14 Senate floor speech.
“EPA regulation must be taken off the table so that we can focus on more responsible approaches to dealing with global climate change.”
More information is available at: Murkowski announcement.
Lawmakers Fret over Bill that Would Dramatically Expand
EPA Water Regulatory Reach
A group of 28 Republican lawmakers from Western states this month told House and Senate leadership that they “strongly object” to any efforts to move a controversial bill that would amend the Clean Water Act (CWA) and grant the Environmental Protection Agency massive new regulatory powers.
Signing the letter were 11 senators and 17 members of the House of Representatives.
“We strongly object to any attempt to move this legislation as a stand alone bill or as an attachment to a bill, in the Senate or House of Representatives,” the lawmakers said in a Dec. 8 letter sent to Senate Majority Leader Harry Reid (D-Nev.) and House Speaker Nancy Pelosi (D-Calif.).
“More specifically, we cannot imagine any bill so important that we could support it with the Clean Water Restoration Act attached.”
The bill (S. 787) would remove the term “navigable waters” from the CWA and replace it with “waters of the United States.”
“The concern we hear back home is that this legislation would grant the Environmental Protection Agency and the Army Corps of Engineers virtually unlimited regulatory control over all wet areas within a state,” the letter said.
“This bill attempts to trump state’s rights and pre-empts state and local governments from making local land and water use decisions,” the lawmakers wrote.
A copy of the Dec. 8 letter is available at: Letter to Congressional leaders.