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Court Challenges to the EPA's Endangerment Finding: A Summary

By Chip Knappenberger -- June 13, 2011

One big difference between Congressional mandates and regulations by the U.S. Environmental Protection Agency (EPA) is that if you don’t like what the EPA is doing, as they say on The People’s Court, “you can take ‘em to court.” (The other big difference, of course, is that if Congress takes action the members must explain their votes to their constituency).

In the case of greenhouse gas (GHG) emissions, the Clean Air Act (the authority under which EPA is acting to restrict such emission) explicitly states that the Washington D.C. Court of Appeals has exclusive jurisdiction over final action taken by the EPA’s Administrator.

And since the EPA Administrator Lisa Jackson has issued her final action on the matter—finding that greenhouse gases endanger the public health and welfare and therefore should be regulated—multiple challenges to that action have been made by parties unhappy with that decision.…

EPA’s Regs for Rigs – Fuel Economy Fetish Goes Diesel

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- November 5, 2010

Last week the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) issued a proposed rule to establish first-ever greenhouse gas (GHG) emission and fuel economy standards for “heavy duty” (HD) motor vehicles.

The proposed standards, which phase in during model-years 2014–2018, apply to three types of HD vehicles: (1) “combination tractors” (semi-trucks), (2) large pickups and vans, and (3) “vocational trucks” (a wide-ranging assortment of trucks and buses).  The agencies estimate that the technologies needed to comply with the proposed standards will cost $7.7 billion but that the rule will generate $27 billion or $41 billion in net benefits (depending on whether future benefits are discounted at 7% or 3%).

Here’s the curious thing that jumps out at you from the getgo. Although the ostensible objective of the rule is to reduce GHG emissions and oil imports, the overwhelming share of the claimed benefits (fuel savings for truckers) has nothing to do with either climate change or energy security.…

Muir Russell Findings No Solace for U.S. EPA

By Chip Knappenberger -- July 27, 2010

[Update 07/29/10: The EPA has announced its decision to deny all the petitions asking it to reconsider its Endangerment Finding, claiming that it could find no evidence in the Climategate emails indicating that climate change science could not be trusted. Read on to see if you think this decision is justified.]

While the U. S. Environmental Protection Agency would surely love to use the findings of the Independent Climate Change Email Inquiry (aka the Muir Russell report) to brush aside the many challenges mounted, in response to the Climategate email scandal, to the EPA’s finding that greenhouse gases endanger the public’s health and welfare (a finding which enables the EPA to regulate greenhouse gas emissions), they’ll find little in the Muir Russell report to help in their defense.

Well, I should qualify that.…

U.S. EPA Goes Unconstitutional: Time to Rein in a Rogue Agency

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- March 30, 2010

Climate Politics: When Will the Sanctimony End?

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- March 2, 2010

IPCC “Consensus”—Warning: Use at Your Own Risk

By Chip Knappenberger -- January 29, 2010

EPA’s Tailoring Rule: Temporary, Dubious, Incomplete Antidote To Massachusetts v. EPA’s Legacy of Absurd Results (Part 1)

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- January 7, 2010

Endangerment Finding: Legislative Hammer or Suicide Note?

By <a class="post-author" href="/about#mlewis">Marlo Lewis</a> -- April 17, 2009