17 Feb 2010, 9:42pm
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16 ‘Endangerment’ Lawsuits Filed Against EPA Before Deadline

By ROBIN BRAVENDER of Greenwire, NY Times, February 17, 2023 [here]

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. …

Ten other petitions have been filed by Alabama, Virginia, the American Iron and Steel Institute, Gerdau Ameristeel Corp., the American Farm Bureau Federation, the National Mining Association, Peabody Energy Co., the U.S. Chamber of Commerce, 13 House lawmakers and the Southeastern Legal Foundation, and the Coalition for Responsible Regulation.

A coalition of 16 states and New York City has also asked to intervene on behalf of EPA in the endangerment case. … [more]

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