The U.S. Chamber strongly supports efforts to reduce greenhouse gas emissions in the atmosphere, but we believe there’s a right way and a wrong way to achieve that goal.
The wrong way is through the EPA’s endangerment finding, which triggers Clean Air Act regulation. Because of the huge potential impact on jobs and local economies, this is an issue that requires careful analysis of all available data and options. Unfortunately, the agency failed to do that and instead overreached. The result is a flawed administrative finding that will lead to other poorly conceived regulations further downstream.
Today the Chamber is filing a formal petition indicating it will challenge EPA’s decision to trigger Clean Air Act regulation, based on lapses in EPA’s process in making that decision. The Chamber’s legal challenge will focus specifically on the inadequacies of the process that EPA followed in triggering Clean Air Act regulation, and not on scientific issues related to climate change or endangerment.
We continue to call for Congress to address climate change policy through the legislative process, rather than having EPA misapply environmental statutes like the Clean Air Act or Endangered Species Act that were not created to regulate greenhouse gas emissions. Emphasis mine.
In addition to ignoring its own internal rules and working outside the legislative branch, the EPA is acting on a 2007 Supreme Court Ruling, which, based on new developments in the Climategate scandal, should be revisited. The ruling states the EPA was found to have the authority to regulate emissions that contribute to global warming and climate change. In addition, the Court stated:
Based on respected scientific opinion that a well-documented rise in global temperatures and attendant climatological and environmental changes have resulted from a significant increase in the atmospheric concentration of “greenhouse gases,” a group of private organizations petitioned the Environmental Protection Agency (EPA) to begin regulating the emissions of four such gases, including carbon dioxide, under §202(a)(1) of the Clean Air Act, which requires that the EPA “shall by regulation prescribe…
This is a great plan on the Chamber's part IMO. Your thoughts.