Email this page

News

EPA Issues Endangerment Finding that Greenhouse Gases Threaten Public Health and Welfare

On December 7, 2009, the U.S. Environmental Protection Agency ("EPA") announced endangerment and cause and contribute findings related to greenhouse gases ("GHGs). EPA Administrator Lisa Jackson made the endangerment finding today, announcing that the current and projected concentrations of the six key well-mixed GHGs in the atmosphere -- carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF₆) -- threaten the public health and welfare of current and future generations. Administrator Jackson also announced a cause or contribute finding that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to GHG pollution which threatens public health and welfare.

These findings open the door to a new chapter in environmental regulation in the United States. By making the endangerment and cause or contribute findings, EPA has paved the way for the Agency to finalize both tailpipe and smokestack regulations of GHGs under the Clean Air Act as early as March of 2010.

EPA's issuance of final endangerment and cause or contribute findings shows that the Obama Administration is willing to moving forward on GHG reduction in the absence of congressional action. By making these findings, the Administration has put additional pressure on Congress to enact climate change legislation, such as that proposed by the Waxman-Markey bill in the House of Representatives or the Kerry-Boxer bill in the Senate. Further, it puts pressure on the business community to get behind a legislative solution to the GHG issue that involves the use of market forces -- such as a cap and trade program like the Northeast's Regional Greenhouse Gas Initiative (RGGI) -- or face traditional facility-by-facility command and control regulation under the Clean Air Act.

Finally, this action by EPA provides leverage and negotiating power to the U.S. delegation at the Copenhagen Conference on climate change. In particular, these findings indicate that the Administration is willing to take action to achieve GHG reductions in a meaningful and near-term manner under its existing Clean Air Act authority. Interestingly, EPA Administrator Lisa Jackson's speech at the Copenhagen Conference, scheduled for Wednesday, December 9th, is entitled "Taking Action at Home" -- indicating that the timing of these EPA findings has been planned by the Administration for some time.

Questions?

If you have questions regarding this proposed rule and the impacts that it may have for your company, please contact David Van Slyke, Anthony Buxton, or Jeff Talbert with Preti Flaherty's Climate Strategy Group at 207-791-3000.

About the Climate Strategy Group

With key expertise from our energy, environmental, intellectual property, business and legislative practice groups, Preti Flaherty's Climate Strategy Group helps clients deal with both the risks and the opportunities presented by climate change. The Group is made up of more than 15 attorneys, ensuring that the Climate Strategy Group has the resources and knowledge to assist Preti Flaherty's clients.