Thursday, May 4, 2006

States sue EPA over Refusal to Regulate CO2 in New Source Performance Standards

Yet another salvo in the war between the states and the Bush Administration: the states sue EPA for failing to regulate CO2 in the new NSPS for electric generating plants.  The states continue to aggressively seek policy changes responsive to global warming concerns.  Link: Green Car Congress

Nine state Attorneys General today sued the federal Environmental Protection Agency (EPA) for failing to adopt strong emission standards to reduce air pollution from new power plants across the nation. The District of Columbia and the City of New York also joined in the legal action.

The Clean Air Act requires that the EPA review and revise emission standards for new pollution sources every eight years to ensure that they protect public health and the environment. On February 27, 2006, EPA issued revised regulations in accordance with a court order. However, the revised standards fail to regulate power plant emissions of carbon dioxide, the major contributor to global warming....

Joining New York State in the suit are California, Connecticut, District of Columbia, Massachusetts, New York City, New Mexico, Oregon, Rhode Island, Vermont, and Wisconsin. A coalition of environmental organizations, the Natural Resources Defense Council, Sierra Club and Environmental Defense filed a related petition today.

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The suit charges that EPA’s rulemaking in this matter is inadequate in two fundamental ways:


  • EPA refused to regulate carbon dioxide, despite overwhelming research and scientific consensus that carbon dioxide contributes to global warming and thus harms “public health and welfare.” EPA’s claim that it does not have the authority to regulate carbon dioxide emissions is contrary to the plain language of the Clean Air Act.
  • EPA failed to set adequate standards for sulfur dioxide and nitrogen oxides, power plant pollutants that contribute to soot, smog, acid rain and higher levels of respiratory disease. The law dictates that the emission safeguards be set at levels that require use of the best demonstrated technology, but EPA is setting weak standards that can be met through less effective technologies.

A growing body of evidence, including reports from the National Academy of Sciences, NASA and major universities, has found that increasing global temperatures will have dramatic effects in the United States, including rising sea levels, worsened air quality, water shortages and droughts, and increased intensity of hurricanes.

    Power plants are the largest source of carbon dioxide emissions responsible for increasing temperatures worldwide. According to current projections, dozens or even hundreds of new coal-fired plants will be built in the United States over the next 15 years. Under the current rule, these plants would face no requirement to control or reduce carbon dioxide emissions. Since the power plants have a life span of 40-60 years, the plants built in the near future will determine the level of our carbon emissions for generations.

The suit may be targeting powerplants, but forcing the EPA to regulate CO2 from that sector would also force regulation in the transportation sector.

http://lawprofessors.typepad.com/environmental_law/2006/05/states_sue_epa_.html

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