Pacific Legal Foundation Challenges EPA Endangerment Ruling

The online Manure Manager Magazine (essential literature when debunking anthropogenic global warming science) reports here that the Pacific Legal Foundation has filed a lawsuit challenging the U.S. Environmental Protection Agency’s greenhouse gas “endangerment” finding under the Clean Air Act because the agency did not submit the proposed finding to independent scrutiny by its Scientific Advisory Board.

Excerpts of the Pacific Legal Foundation release now follow:

The SAB is a panel of top scientists from universities, research institutions, and other highly regarded organizations, empowered by federal law to review any new “criteria document, standard, limitation, or regulation” that EPA proposes to issue under the Clean Air Act.

At issue is the EPA’s finding, announced in December, 2009, that “greenhouse gas” emissions from automobiles pose a danger to public health and welfare.

Even though courts have held that endangerment findings are ‘regulations’ – and therefore must be reviewed by the Scientific Advisory Board – EPA dismissed PLF’s request and refused to allow review of its CO2 endangerment finding,”said Hadzi-Antich, attorney for the Pacific Legal Foundation.

Hadzi-Antich adds:

The purpose of this lawsuit is to force EPA to obey the law and to ensure the integrity of the regulatory process. EPA cannot be allowed to evade the scrutiny and accountability that federal law requires.

EPA’s cavalier approach to regulation is especially outrageous when the economy is struggling and unemployment is at the highest levels in decades.

The greenhouse gas ruling could unleash a torrent of command-and-control regulations across the economy. Potentially, every activity that emits CO2 could be subject to new federal restrictions – from a steel manufacturing facility to a neighborhood pizza shop, and everything in between.

EPA cannot be allowed to impose a crippling burden on the economy by ignoring checks and balances, and shielding its regulatory process from legally required outside review.

Expect the EPA to get lawsuits from all sides, as it should. This is an overzealous power-grab by an out-of-control regulatory agency. It’s time  to rein it in. Contact the: Pacific Legal Foundation.

11 responses to “Pacific Legal Foundation Challenges EPA Endangerment Ruling”

  1. R. de Haan

    The last UN Climate Extravaganza: Flawed Process should be scrapped

  2. Lonnie Walker

    As many shoes that have dropped, the man-made global warming movement is starting to look like Imelda Marcos’ closet. Obviously this group isn’t smart enough to know when it’s time to move on. There never was a war on science, it was a war on stupidity and fraud.


  3. Charles Higley

    How is this different from Ruckelshaus banning DDT with absolutely no given rationale or reasoning?

    He did this following 2 weeks of court hearings which concluded that there was no detrimental aspects of DDT related to man or the environment.

    The CO2 finding is a gold mine for the EPA as their budget has to necessarily explode to handle all of the regulations they will have to enforce. This is all about growing their bureaucracy from their point of view. They are doing good things for their people – it’s happy days.

    “Oversight? Checks & balance? We don’t need no sinkin’ oversight! We’re the EPA* !” * (Ever Present A**h**es), (Everybody’s Problem Agency), (Ever Painful Agency), or (Environmental Plenipotentiary Agency); the last fits their ego.

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  5. Steve Baloga

    “It’s the EPA, stupid.” While nearly every weblog and the media focuses on Cap-and-tax legislation, the rogue EPA is drafting rules for command-and-control regulation of CO2 from automobiles and fossil fuel power generation. They already have a rule proposed for control of GHG from light duty trucks starting 2017. The only way EPA will be stopped is in the courts. Thanks to the PLF for this first volley. Hopefully there will be many more. Where the heck are the Friends of Coal? And why is the power industry rolling over on this? Things that make one go, “hmmmm”. As for myself, I and a few others are trying to convince our senior Senator Lamar Alexander to abandon this sinking ship before he gets embarrassed. If you have a misinformed public representative you might consider doing the same.

  6. Gator

    I am so glad that my fellow Americans elected the man who promised to “bring science back” to the White House.

    To hell with change, I want improvemnet!

  7. R. de Haan

    This peer reviewed paper could do the job and shut up EPA, the IPCC, and all the other AGW supporters for good.
    They are now completely without clothes.

    This really is an amazing paper and therefore an absolute must read.

    Empirical evidence for a celestial origin of the climate oscillations
    and its implications (source WUWT)

  8. Brian Johnson

    Despite the BBC giving an apparent equal voice to the Global Climate debate it just will not happen. The BBC is loaded to the gills with Greenies of all persuasions.

    These are not the answers you are looking for – move on.

    The EPA and the BBC have like minded staff IMHO.
    Reply: They will just continue looking silly as before if they don’t give an equal voice. All the predictioons made in the past by the warmists are turning out to be very wrong (see my latest post) – PG

    1. DirkH

      It has gotten to the point where i trust the Daily Mail more than the BBC. I don’t think i moved to the Right – i’ve been the same libertarian for ages. It’s just that the BBC became very partial during the last decade. 10 years ago, they included counterviews in most of their science articles; this has disappeared gradually. They turned into a mouthpiece. Probably this turning coincided with the PR lessons they got from futerra.

      They very likely need a professional cult deprogrammer now.

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