EPA Takes Major Step Toward Regulating Greenhouse Gases

In an historic step, U.S. Environmental Protection Agency (EPA) on Friday issued a formal determination that global warming pollution “endangers” the nation’s human health and well-being.

The "endangerment finding," based on tens of thousands of public comments and years of work by EPA’s career staff and scientists, ends more than two years of uncertainty following the Supreme Court’s landmark Massachusetts v. EPA, which was effectively ignored by the Bush Administration.

That decision ruled that the EPA has authority under the Clean Air act to regulate greenhouse gas emissions, if the Agency determines the emissions are a threat to human health. 

"The scientific evidence clearly indicates that atmospheric levels of the six greenhouse gases are at unprecedented elevated levels due to human activities, and that most of the observed global and continental warming can be attributed to this anthropogenic rise in greenhouse gases," the EPA document states.

The proposed endangerment finding now enters the public comment period, which is the next step in the process EPA must undertake before issuing final findings. Friday’s proposed finding does not include any proposed regulations.

Before taking any steps to reduce greenhouse gases under the Clean Air Act, EPA must conduct an appropriate process and consider stakeholder input.

Both President Obama and EPA Administrator Lisa Jackson have repeatedly indicated their preference for comprehensive legislation to address greenhouse gas emissions and create the framework for a clean energy economy. 

Now that the EPA has the authority to act on its own, it is expected that Congress will have added incentive to reach an agreement on such legislation. 

In addition, the administration now has a stronger position in ongoing international negotiations for a climate change treaty, because it no longer has to rely on Congress to back its promise to cut U.S. emissions.

"Where the Bush administration lagged, the Obama administration is now leading. There is no longer a question of if or even when the U.S. will act on global warming. We are doing so now," said David Bookbinder, Sierra Club Chief Climate Counsel. "This step will allow the administration to move forward while continuing to work with Congress to pass a strong clean energy jobs and climate plan."

It is anticipated that EPA will finalize the “endangerment” determination while it begins developing national emission standards for new motor vehicles and new coal-fired power plants, the nation’s two largest sources of global warming pollution.

"Transportation sources subject to regulation … are the second largest greenhouse gas-emitting sector in the US, after electricity generation, and accounted for 24% of total US greenhouse gas emissions … Total US greenhouse gas emissions make up about 18% of the world’s greenhouse gas emissions," the finding states.

It goes on to state: "The impacts of climate change are increased drought, more heavy downpours and flooding, more frequent and intense heat waves and wildfires, greater sea level rise, more intense storms, and harm to water resources, agriculture, wildlife and ecosystems … Over the 21st century, changes in climate will cause some species to shift north and to higher elevations and fundamentally rearrange US ecosystems."

Joe Mendelson, global warming policy director at the National Wildlife Federation, said "the EPA decision is historic and a game-changer for climate policy that will have political and policy repercussions domestically and abroad."

"This is the single largest step the federal government has taken to fight climate change," he said.

In Related News…

White House Chief of Staff Rahm Emanuel told ABC’s "This Week with George Stephanopoulos" that U.S. lawmakers will pass major energy legislation, possibly including measures to address climate change, by the end of this year.

Read the full report at the link below.

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