CLF Statement on DC Circuit Decision: EPA has Legal Authority to Regulate GHG Emissions

CONTACT:
Karen Wood, CLF, (617) 850-1722

BOSTON, MA  June 26, 2012 – In response to today’s ruling by the DC Circuit of the U.S. Court of Appeals affirming EPA’s legal authority to regulate emissions of greenhouse gases (GHG) under the Clean Air Act, Conservation Law Foundation (CLF) issued the following statement from N. JonathanPeress, VP and director of CLF’s Clean Energy and Climate Change program:

“By validating EPA’s analysis of climate change science, today’s decision paves the way for establishing meaningful limits on greenhouse gas pollution which are critically necessary to the future of our planet and way of life,” said N. Jonathan Peress, VP and director, Clean Energy and Climate Change. “We must continue to reduce pollution from power plants and other large emitters of greenhouse gases by establishing clear declining emissions limits under the Clean Air Act and state law. We are thrilled with the court’s decision, which is a victory for public health and the environment. It’s high time that we allow science to inform our actions and move beyond the politics and special interests that continue to mount a destructive and coordinated campaign to block progress on this critical issue.”

CLF was represented in the Appeal by Clean Air Task Force, along with four other local and regional environmental groups, including the Natural Resources Council of Maine, the Michigan Environmental Council, Ohio Environmental Council and the Indiana Wildlife Federation.

BACKGROUND:

Today’s decision by the DC Circuit rejected dozens of challenges from large air polluters and certain states seeking to derail EPA’s finding – known as the Endangerment Finding –  that emissions of greenhouse gases pollution contribute to climate change, endangering public health and welfare. In addition, the Court analyzed the Clean Air Act’s permitting requirements for large air polluters and determined that the Act “mandates” that major emitters of greenhouse gas pollution must apply for and obtain permits from EPA and state permitting agencies.

The Court noted that “The body of scientific evidence marshaled by EPA in support of the Endangerment Finding is substantial. EPA’s scientific evidence of record included support for the proposition that greenhouse gases trap heat on earth that would otherwise dissipate into space; that this ‘greenhouse effect’ warms the climate; that human activity is contributing to increased atmospheric levels of greenhouse gases; and that the climate system is warming.” The Court pointed to EPA’s findings that climate change threatens public health and welfare, creating risks to food systems, water resources, energy, infrastructure and wildlife.”

Background on Coal Free New England

CLF is working to make New England coal-free by 2020. For more than 20 years, CLF has held the region’s coal-fired power plants accountable for violations of clean air and water laws, while helping win tougher regulations to protect the environment and public health. CLF filed the appeals of state permits that resulted in the 2011 shutdown of Somerset Station, in Somerset, Massachusetts. Working on the ground with residents, public health advocates, political leaders and other environmental organizations, CLF has been instrumental in securing enforceable commitments to shut down Salem Harbor Station in Salem, MA in 2014 and to reduce harmful air pollution from Mt. Tom Station in Holyoke, MA. CLF is in active litigation against Merrimack Station in New Hampshire for violations of the Clean Air Act. With its tenacious legal advocacy, policy initiatives and regulatory expertise, CLF is applying pressure in all the right places to rid New England of old, dirty coal plants, keep the lights on at reasonable cost, and make way for clean renewable energy to power our region.

 

Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.

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