16 'Endangerment' Lawsuits Filed Against EPA Before Deadline

Industry groups, conservative think tanks, lawmakers and three states filed 16 court challenges to U.S. EPA's "endangerment" finding for greenhouse gases before yesterday's deadline, setting the stage for a legal battle over federal climate policies.

Filing petitions yesterday were the Ohio Coal Association, the Utility Air Regulatory Group, the Portland Cement Association, the state of Texas and the Competitive Enterprise Institute. Another was filed by 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.

The lawsuits ask the U.S. Circuit Court of Appeals to review EPA's determination that greenhouse gases endanger human health and welfare. That finding -- released in December in response to a 2007 U.S. Supreme Court ruling -- allows the agency to regulate the heat-trapping emissions under the Clean Air Act. Observers expect the court to consolidate the petitions.

Many industry groups and states argue that forthcoming EPA regulations will have devastating economic consequences, while EPA and environmentalists say the agency is required by law to begin regulating greenhouse gas emissions. The agency is planning to finalize new greenhouse gas rules for automobiles and large stationary sources next month.

"If EPA moves forward and begins regulating stationary sources, it will open the door for them to regulate everything from industrial facilities to farms to even American homes," NAM President John Engler said in a statement. "Such a move would further complicate a permitting process that EPA is not equipped to handle, while increasing costs to the manufacturing sector. These..."

A coalition of 16 states and New York City has also asked to intervene on behalf of EPA in the endangerment case (Greenwire, Jan. 25)...

I guess since these petitions were filed with the US Circuit, an injunction from only one judge would put the brakes on EPA tyranny, at least for awhile.

I'm curious about going to the Circuit Court and not a District Court first.

“EPA and environmentalists say the agency is required by law to begin regulating greenhouse gas emissions. “

This is absolutely false. There is nothing at all requiring the EPA to do this.

Usually these suits are brought by the big players who have the money to sue, but then settle for a consent decree favorable to themselves at the expense of their smaller competitors. Thus, the remaining players in their respective trade associations should in no way think that anybody is going to bat for them but instead pony up in the game and demand a ringside seat.

EPA: An unelected, flunky bureaucracy wielding rogue powers based in junk science. A cancer on the private sector.

Action against EPA abuse by private enterprises:

Action against EPA abuse by state/federal government:

Beam me to Planet Gore !

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