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EPA’s Denial of Endangerment Petitions Published in Federal Register

08/13/10

Source: SOCMA
Related Topics: Climate Change

In today’s Federal Register, EPA published its denial of the petitions to reconsider its Endangerment finding that GHG endanger the public’s health and welfare.  These findings – signed on December 7, 2009 -- triggered the agency’s authority to regulate GHG under the Clean Air Act – and also triggered many efforts to overturn or block those findings, including these petitions to reconsider.  (The denial was announced last week (as noted on ChemAlliance) – it went into effect July 29 -- but was published today.)

EPA summarized its reasoning for the denial thusly:

    EPA’s analysis of the petitions reveals that the petitioners have provided inadequate and generally unscientific arguments and evidence that the underlying science supporting the Findings is flawed, misinterpreted or inappropriately applied by EPA. The petitioners’ arguments fail to meet the criteria for reconsideration under the Clean Air Act. The science supporting the Administrator’s finding that elevated concentrations of greenhouse gases in the atmosphere may reasonably be anticipated to endanger the public health and welfare of current and future U.S. generations is robust, voluminous, and compelling, and has been strongly affirmed by the recent science assessment of the U.S. National Academy of Sciences.

It is important to note, however, that this denial of the petitions will not have any impact on the ongoing litigation that many industry groups have filed to block EPA’s regulation of greenhouse gas emissions.







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