October 7, 2010

PLF files suit against EPA for failure to reconsider the Endangerment Finding

By PLF files suit against EPA for failure to reconsider the Endangerment Finding

Author:  Theodore Hadzi-Antich

Pacific Legal Foundation filed a lawsuit this week challenging EPA's refusal to reconsider its finding under the Clean Air Act that greenhouse gasses, mostly carbon dioxide, endanger public health and welfare.  In violation of a statute that has been on the books for decades, EPA failed to give its own blue ribbon panel, known as the Science Advisory Board, the opportunity to review the endangerment finding.  Why?  No one knows.

Perhaps EPA was concerned with what the Science Advisory Board might say about the endangerment finding.  Perhaps EPA was instructed by the Administration to speed up the regulatory process and figured there was not enough time to involve the Science Advisory Board.  There are hundreds of potential reasons why EPA violated the law, but PLF's lawsuit will discover the actual reason, and we don't expect it to be a pretty one.

Our message to EPA is clear:   You are not above the law.  You can't cut legal corners to achive a political objective.  Not on PLF's watch. 

What to read next