March 02, 2010

By Jennifer Cassel

In late March, 2010, sixteen states sought permission to intervene in a lawsuit filed by Virginia in the U.S. Court of Appeals for the District of Colombia Circuit, in which Virginia alleges that EPA’s finding that GHGs endanger the public health and welfare (“the endangerment finding”) is based on unsound science and would have adverse economic effects.  Coalition for Responsible Regulation Inc. et al v. United States Envtl. Protection Agency, No. 09-1322 (D.C. Cir. filed Feb. 16, 2010).  The sixteen states seeking intervention to oppose the endangerment finding, Alaska, Florida, Hawaii, Indiana, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Nebraska, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota and Utah, also contend that the administrative burden on EPA and state permitting authorities that would result from the endangerment finding would be overwhelming.  Meanwhile, approximately 15 states, including New York, California and Arizona, as well as environmental groups such as Sierra Club, Natural Resources Defense Council, Environmental Defense Fund and Wetland Watch, have sought permission to intervene on EPA’s behalf in the suit.