CO2 Endangerment Finding Challenged


(all legal filings, relevant scientific background available at this website)

WHAT: Southeastern Legal Foundation (SLF) today filed a Petition for Reconsideration with the U.S. Environmental Protection Agency (EPA), challenging the Endangerment Finding published by EPA Administrator Lisa Jackson on Dec. 15, 2009. (filing available at www.epalawsuit.org)

PLAINTIFFS: U.S. Rep. John Linder (GA), U.S. Rep. Dana Rohrabacher (CA), U.S.

Rep. John Shimkus (IL), U.S. Rep. Phil Gingrey (GA), U.S. Rep.

Lynn Westmoreland (GA), U.S. Rep. Tom Price (GA), U.S.

Rep. Paul Broun (GA), U.S. Rep. Steve King (IA), U.S. Rep.

Nathan Deal (GA), Southeastern Legal Foundation.

NOTE: This year, SLF filed a comprehensive public comment during the 2009 Public Comment period throughout which the U.S. Environmental Protection Agency (EPA) allegedly considered powerful scientific and legal information that counters the prevailing United Nations Intergovernmental Panel on Climate Change (IPCC) reports on human causation of climate change related to carbon dioxide greenhouse gas emissions (available atwww.epalawsuit.org, “Why a Lawsuit?” and “How the EPA Got It Wrong”). Despite hundreds of thousands of scholarly submissions, EPA Administrator Lisa Jackson published an Endangerment Finding in December 2009.

After the Public Comment period closed, “Climategate” disclosures presented substantial evidence of data fraud in the very documents, reports and analyses relied on by Administrator Jackson in making the Endangerment Finding. Failure to investigate this new evidence that supports leading credible scientists' observations that “global warming”/climate change is not caused by humans (anthropogenic), but is natural, cyclical, and not as extreme as reported by the IPCC, creates significant legal problems for the EPA’s regulatory effort.

The EPA Endangerment Finding signals that draconian, costly regulations will be promulgated by the EPA in 2010 and beyond (according to reports, more than 600 pages of new mandates that will impose billions of dollars in costs and invasive burdens on American consumers and taxpayers).

“Representing a group of well-informed and concerned Americans, including leaders in Congress who have been intimately involved in climate change issues for more than a decade, SLF has brought the first of several administrative and court actions which will follow to enforce the rule of law and prevent this coming catastrophe,” said Shannon L. Goessling, SLF Executive Director and Chief Legal Counsel. “The goal is to compel the federal government to follow the laws as enacted by Congress and to pursue legitimate public policy based on legitimate scientific data. The American people deserve no less, and the U.S. Constitution mandates it.”

“The scientific basis for the EPA Endangerment Finding is flawed, based on questionable and potentially fraudulent data, and certainly does not rise to the level of certainty necessary to upend the American economy, toss millions out of work, and which promises little or no climate change benefit over the next half-century,” said Goessling. “Using the Clean Air Act as a weapon and a shield does not justify the bigger agenda of command-and-control.”

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