Links tagged “endangerment”

The case before the U.S. Supreme Court is West Virginia vs. Environmental Protection Agency (EPA).The primary plaintiff of the case is West Virginia Attorney General Patrick Morrisey; he is joined by attorney generals from Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming. Morrissey’s office is also representing the interests of two coal companies in the case. The EPA, backed by the administration of President Joe Biden, is being represented by the U.S. Solicitor General. ... In a 2007 Supreme Court case, the Justices ruled 5-4 in Massachusetts vs. EPA that the agency has to limit greenhouse gases under the Clean Air Act if they’re a threat to public health. In a 2009  endangerment finding, the EPA determined carbon dioxide was indeed a threat to public health.  Based on that Supreme Court ruling, the Trump administration couldn’t simply kill the CPP; it needed to have a plausible replacement to it.

The plaintiffs argue that decisions around emissions should be at the hands of elected officials and not the EPA. ... What the court decides will have huge implications for the scope of federal administrative power and climate change policy.

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Flashback 2007: Inhofe Spokesman Morano: 'CO2 is not an air pollutant and should not be treated as one'...