The NAM is a member of the CO2 Litigation Group, which was an intervenor helping to defend EPA in this case. Massachusetts sought a court mandate to force EPA to determine that carbon dioxide is an air pollutant that contributes to air pollution "which may reasonably be anticipated to endanger public health or welfare."
We filed a brief 5/15/08 arguing that no such finding is required by the statute unless EPA decides to establish emission standards for new motor vehicles, nor is there any deadline for making such a determination. No clear statutory rights are being harmed by any delay by EPA, and EPA has announced an intention to begin a rulemaking later this spring anyway.
We argued that EPA must be able to consider this proposed rulemaking in the larger context of other regulatory obligations with respect to fuels used in motor vehicles and nonroad engines, as well as new or modified major stationary sources of emissions, comprising perhaps thousands of new facilities not currently subject to stringent Clean Air Act permit requirements.
Climate change from carbon dioxide must be addressed in a comprehensive way with input from the public through the legislative and regulatory processes, not through a judicial directive that truncates public debate.
On June 26, the court denied Massachusetts' petition without opinion, except for a statement by Judge Tatel concurring in part and dissenting in part. He would hold on to the case until EPA gives greater indication that it is moving forward with the regulation. The EPA announced in March that it would issue an Advance Notice of Proposed Rulemaking sometime in the future.