The EPA and Greenhouse Gas Emissions, Finally in the Game

In the United States’ recent history, republican administrations have not been the best friends of the environment, but that was not always the case. Decades ago the quality of the ecosystem was much less of a partisan issue, recognized as a necessity for all citizens, and it was actually President Richard Nixon that proposed the Environmental Protection Agency. The EPA was established shortly thereafter on December 2, 1970, yet. Since its inception the agency has done a lot to protect many aspects of our environment from waste and pollution, including the air we breathe, under the Clean Air Act, signed into law the same year. But it wasn’t until January 2, 2011, that the EPA first began regulating Greenhouse Gasses (GHG).

The road to our new protections was a long and hard fought one, at first fought against the EPA itself. On October 20, 1999 the International Center for Technology Assessment petitioned the EPA to regulate greenhouse gases emitted by new motor vehicles in order to reduce the effects of global warming. The agency, however initially declined to take action on the petition, claiming not to have the authority to act on climate change, as the issue did not fall under its traditional powers to regulate emissions directly harmful to humans.

Furthermore the agency went on to explain that even if it were within their power to act on the petition they would not do so, for two reasons: the first being that to do so would not be effective in combatting global warming. The second, and more troubling reason, was that such action would go against the Bush administration’s policies, which aimed at further investigation into the legitimacy of the climate change issue and its causes, as well as encouraging efforts by private parties such as voluntary reductions and technological advances. EPA Logo

On April 2, 2007, the Supreme Court found, in Massachusetts v. EPA, 549 U.S. 497 (2007), that GHGs, are air pollutants covered by the CAA. The Court found that the “EPA was required to determine whether or not emissions of GHGs from new motor vehicles cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.” So under pressure from the courts the agency began the investigative process they had been putting off for nearly a decade.

Almost exactly two years later, in April 2009 under the new democratic presidential administration, the EPA proposed a finding that greenhouse gasses do in fact contribute to air pollution that may threaten public health. In early December of that year the Administrator signed two findings on GHG, under section 202 of the CAA: Continue reading

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