EPA Greenhouse Gases Endangerment Finding

On December 7, 2009, EPA finalized its long-expected finding that greenhouse gases (“GHG”) endanger human health and cause and contribute to air pollution. Although the findings, issued in response to the U.S. Supreme Court’s decision in Massachusetts v. EPA (2007), do not in themselves create any regulation of GHGs, they are necessary for the EPA to begin regulating GHGs, and in fact, obligate the EPA to regulate them under the Clean Air Act.

The findings set the stage for regulations of GHG emissions from vehicles and stationary sources, for lawsuits challenging the findings, for lawsuits seeking to require EPA to regulate GHG emissions, and for lawsuits collaterally attacking permits that do not address GHG emissions whether issued by EPA or state agencies.

In response, U.S. Senator Lisa Murkowski of Alaska (that's her picture, above) has announced plans to introduce a resolution in Congress to disapprove the endangerment finding. If the resolution is approved by both the House and the Senate, and ultimately signed by the President, the EPA’s endangerment finding would be nullified and EPA would be unable to regulate GHGs. However, in the absence of legislation addressing GHGs it is considered unlikely that the President would sign the resolution.