i'm pretty sure the courts have already said the EPA has the responsibility to regulate CO2 as a pollutant under the clean air act.
They were charged to make a scientific determination. The EPA finding is not necessarily that it is the current level of CO2 that is an endangerment but the rate of rise when combined with the increased presence of other green house gases.
This is also one of the bases for challenge - if the science is faulty or if the extrapolated damage is shown to be an overreach, the regulatory regime (that has not been published yet) will be modified or reversed. First there has to be a challenge raised by damaged or affected parties. Look for this as soon as the regs are promulgated, if not before on other grounds.
The EPA is relying very, very heavily on the reports of the IPCC and CCSP. The very entities whose work is being challenged for lack of integrity and which we are discussing in other threads. You can see the infamous "hockeystick" on page 51 of the Technical Support document I linked below.
Should be fun for the EPA to defend this as more malfeasance is coming out of the groups they relied on for the technical backing of this finding.
http://epa.gov/climatechange/endangerment.html
Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act
Action
On December 7, 2009, the Administrator signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act:
* Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases--carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)--in the atmosphere threaten the public health and welfare of current and future generations.
* Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare.
These findings do not themselves impose any requirements on industry or other entities. However, this action is a prerequisite to finalizing the EPA’s proposed greenhouse gas emission standards for light-duty vehicles, which were jointly proposed by EPA and the Department of Transportation’s National Highway Safety Administration on September 15, 2009.
Background
On April 2, 2007, in Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court found that greenhouse gases are air pollutants covered by the Clean Air Act. The Court held that the Administrator must determine whether or not emissions of greenhouse gases from new motor vehicles cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision. In making these decisions, the Administrator is required to follow the language of section 202(a) of the Clean Air Act. The Supreme Court decision resulted from a petition for rulemaking under section 202(a) filed by more than a dozen environmental, renewable energy, and other organizations.
On April 17, 2009, the Administrator signed proposed endangerment and cause or contribute findings for greenhouse gases under Section 202(a) of the Clean Air Act. EPA held a 60-day public comment period, which ended June 23, 2009, and received over 380,000 public comments. These included both written comments as well as testimony at two public hearings in Arlington, Virginia and Seattle, Washington. EPA carefully reviewed, considered, and incorporated public comments and has now issued these final Findings.
Findings
These findings were signed by the Administrator on December 7, 2009, and will be published in the Federal Register (
www.regulations.gov) under Docket ID No. EPA-HQ-OAR-2009-0171. A pre-publication version of these findings is below.
* Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act (284 pp., 377 KB, About PDF)
http://epa.gov/climatechange/endangerment/downloads/FinalFindings.pdf
Technical analyses developed in support of the Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act may be found here:
* Technical Support Document for the Findings (210 pp., 2.5 MB, About PDF)
http://epa.gov/climatechange/endangerment/downloads/Endangerment%20TSD.pdf
Response to Comments (coming soon!)
EPA’s response to public comments received on the Proposed Findings and accompanying Technical Support Document may be found here:
* Volume 1: General Approach to the Science and Other Technical Issues (PDF)
* Volume 2: Validity of Observed and Measured Data (PDF)
* Volume 3: Attribution of Observed Climate Change (PDF)
* Volume 4: Validity of Future Projections (PDF)
* Volume 5: Human Health and Air Quality (PDF)
* Volume 6: Agriculture and Forestry (PDF)
* Volume 7: Water Resources, Coastal Areas, Ecosystems and Wildlife (PDF)
* Volume 8: Other Sectors (PDF)
* Volume 9: Endangerment Finding (PDF)
* Volume 10: Cause or Contribute Finding (PDF)
* Volume 11: Miscellaneous Legal, Procedural, and Other Comments (PDF)
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