Landmark Environmental Court Battle on Horizon

On February 28^th and 29^th, the Federal Court of Appeals in Washington, D.C. will hear oral arguments in challenges to the Environmental Protection Agency’s landmark clean air measures to protect American’s health and well-being from the clear and present danger of climate pollution.

In one corner states like Texas and large industrial polluters are challenging EPA’s action.  In the other, EPA’s defenders include a dozen states, business like the U.S. auto makers, and environmental groups like EDF.

There are a group of clean air rules in question:

• The Climate Pollution Endangerment Finding- On December 15, 2009, EPA determined that six greenhouse gases endanger the public health and welfare of current and future generations. EPA based this finding on more than 100 published scientific studies and peer-reviewed syntheses of climate change research.  The finding follows from the Supreme Court’s landmark 2007 decision in Massachusetts v. EPA, where the Court held that greenhouse gases are air pollutants under the Clean Air Act and instructed EPA to determine — on the basis of science — whether these gases endanger human health and welfare.
• Clean Car Standards- landmark fuel efficiency and greenhouse gas emissions standards for passenger cars and light trucks.  These standards are supported by U.S. auto makers, the United Auto Workers, and a dozen states – among others – because they will reduce our dependence on foreign oil, reduce harmful greenhouse gas pollution, and save consumers money.
• Application of Climate Pollution Protections to Largest Emitters – EPA requires new large, industrial emitters (like power plants) deploy the best available cost-effective strategies to reduce harmful climate pollution in a timely fashion- a requirement EPA has phased in, focusing on the largest industrial sources of climate pollution while shielding small sources.

There is much at stake for our nation’s environment and economy, but we’ll be in the courtroom and giving you updates every step of the way.

If you’re looking for more background, EDF has compiled detailed information about the cases. You can read more about the rules and the parties involved, and find the court briefs. You can also read about the EPA’s endangerment findings.