EPA Lawsuits Question Basis, Procedures Behind EPA’s “Endangerment Finding”

EPA’s Global Warming Juggernaut Challenged in Court

Lawsuits Question Basis, Procedures Behind EPA’s “Endangerment Finding
February 27, 2012

Washington, D.C., February 27, 2012 – EPA’s economically ruinous plans for regulating greenhouse gas emissions are being challenged in federal court this week by a broad array of states and private parties, including the Competitive Enterprise Institute, the Science and Environmental Policy Project, and FreedomWorks.  A three-judge panel of the U.S. Court of Appeals is scheduled to hear oral arguments on Tuesday and Wednesday in a set of cases challenging EPA’s decision to regulate carbon dioxide and other greenhouse gases as pollutants under the Clean Air Act.  The court will also review a series of major EPA regulations based on that decision.

The petitioners argue that EPA acted arbitrarily and illegally in a number of respects:  it ignored the severe shortcomings of climate models; it illegally adopted the reports of the Intergovernmental Panel on Climate Change; and it refused to reopen its proceedings in the wake of Climategate.  The agency also ignored the fact that its incredibly costly regulations will have no detectable impact on global temperature.  Despite their extraordinary economic impacts, their much-ballyhooed benefits will in fact amount to zero.

“The fact that the court is devoting two days to hearing these cases demonstrates the importance of these legal questions.  But from a political standpoint, there’s even more at stake,” said CEI Senior Fellow Marlo Lewis.   “In 2010, after two decades of global warming advocacy, Congress declined to give EPA explicit authority to regulate greenhouse gases when Senate leaders pulled the plug on cap-and-trade legislation.  EPA’s insistence on going forward with its command-and-control agenda despite this defies both history and logic.”

Last year, EPA’s own Inspector General found that the agency based its 2009 “Endangerment Finding” (that emissions from greenhouse gases endanger the public health and welfare) on a flawed and inadequate assessment of climate science, and that EPA’s peer review methodology did not meet OMB requirements for highly influential scientific assessments.  (See EPA IG Report)

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Senator James Inhofe (R-OK) Calls for a New EPA Investigation

Senator James Inhofe (R-OK), the minority leader on the Senate Committee on the Environment & Public Works issued a call for a new investigation into the EPA’s flawed endangerment findings on carbon dioxide.

 

Two days ago, Senator James Inhofe (R-OK), the minority leader on the Senate Committee on the Environment & Public Works issued a call for a new investigation into the EPA’s flawed endangerment findings on carbon dioxide.

Inhofe’s call was related to the EPA Inspector General’s report showing that the EPA failed to follow the correct procedures before it issued its finding that CO2 is a dangerous pollutant that must be regulated by Lisa Jackson’s jack-booted zealots.

As Inhofe stated:

“The Inspector General’s investigation uncovered that EPA failed to engage in the required record-keeping process leading up to the endangerment finding decision, and it also did not follow its own peer review procedures to ensure that the science behind the decision was sound. EPA Administrator Lisa Jackson readily admitted in 2009 that EPA had outsourced its scientific review to the United Nations’ Intergovernmental Panel on Climate Change.  This is an institution whose credibility has already been called into question. Even so, EPA still refused to conduct its own independent review of the science.  As the EPA Inspector General found, whatever one thinks of the UN science, the EPA is still required – by its own procedures – to conduct an independent review.”

Of course, as Inhofe points out, the IPCC is notoriously unreliable when it comes to accurate information on climate change or “global warming.” The IPCC is biased towards climate warming hysteria and the so-called “experts” who feed the IPCC information are climate change zealots with a clear political agenda.

Anyone who has read through the Climategate emails will easily understand that these zealots cooked the numbers, suppressed data that they didn’t agree with, and tried to suppress the writings of climate change skeptics.

It is clear that the EPA is using flawed resources to reach flawed conclusions. It is not basing its decisions on “science” but on the politically-motivated data provided by “experts” who wish to use climate change hysteria to destroy capitalism, destroy American sovereignty, and to redistribute income to “poor” nations from hard-working American taxpayers. This must stop.

Please access Senator Inhofe’s Minority Member web site and use his excellent research materials rebutting climate change hysteria.

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