EPA Clean Air Act Authority FOIA Email 9.4.03

1. IRichard P.Theroux AM
09:32:50
09/04/2003
Record Type: Record
To: Steven D.AitkenIOMBIEOP@EOP. Phil Cooney/CEOIEOP@EOP
cc:
Subject: States to Sue EPA Over Decision
Claiming Lack of Regulatory Authority
09:32 AM--------------
------------ Forwarded by Richard P.Theroux/OMBE DP on 09/0412003
~ ~~~~~~~~~~~~~~~~Page
A-37
No.171
Thursday September 4, 2003
ISSN 1523-567X ~~~~Regulation & Law
Climate Change
States to Sue EPA Over Decision
Claiming Lack of Regulatory Authorityywlfiealwutiafdrlapascotchlngg
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Three New England states announced Sept. o hti antrglt rehuegssfo
the Environmental Protection Agency's determina rmMsahsts n
mobile sources under the Clean Air Act. .onRil
I from Connecticut, To RilfrmMsachusettscan
The states' attorneys general--Richard Blumenthe ncy has the legal authority under the CleanArAt
the ag
Steven Rowe from Maine--intend to argue and testimony from the agency,
They also will argue that the EPA decision contradicts earlier statements
according to Blumenthal.
dismiss "without
motion ept. 3 in a federal district court to
At the same time, the three states filed a a
EPA for failing to regulate carbon dioxide emissions,
prejudice" a petition they filed June 4 against n tional emission standards for criteria pollutants
significant contributor to global warming, under
Massachusetts v. EPA, 0. Conn., No. 3:03CV98~
.,09103103).
lawsuit in
awsuit against EPA but dropped the pending
Blumenthal, Reilly, and Rowe had filed a federal 3.
Nat an, Reilly's spokeswoman told BNA Sept.
favor of challenging EPA's new ruling, Sarah to
as the problem, we just changed our approach
Nathan added, "we are still focused on global warming
at V e appellate level.
solving it and decided to take EPA head on" gas lawsuits.
declined to comment Sept. 3 on the greenhouse
A spokesman for the Department of Justice
Request by Environmental Groups Denied
motor
nental groups to regulate carbon dioxide from
On Aug. 28, EPA denied a request from environ so.
Con ress did not give it the authority to do
vehicles under the Clean Air Act, asserting 1999 seeking
had filed a petition with the agency in October
The coalition of environmental organizations
federal regulation of CO), from mobile sources.
Dec. 5. 2002, in
the coalition requested judicial assistance
After EPA failed to respond to the petition, Center for Technology Assessment v. EPA,
D. D.C.,
getting a response from the agency (International

2. to regulate mobile sources of CO,
No. 02-2376, 12/5/02). EPA's response declaring its lack of authority
to announce lawsuits challenging the
led environmental groups and now the three New E gland states
determination.
the whole matter before the U S. Court
Arguing that EPA'S Aug. 28 announcement w~as contrived to bring general said in the district court filing
of Appeals for the District of Columbia Circuit, the tt ree attorneys of the ongoing litigation and its
that "EPA's newly-minted position ... was formulated in the context [three states'] complaint."
the
issuance was plainly driven by the agency's need to respond to
dismiss the states' global warming lawsuit,
According to the states, EPA also filed a motion on ug. 28 to appeals court, not the district court.
arguing that the legal challenge should be made be ore the federal
to challenge EPA's abdication of
"While we are switching legal forums, we are re-do bling our efforts
responsibility," Reilly said.
proof that greenhouse gas
"The EPA seems determined to deny irrefutable, in creasing scientific as "denying powerful scientific
as well
emissions and global warming are endangering pu hoc health," report to
evidence from its own studies," Blumenthal said in statement. He was referring to a June 2002
emissions are increasing and accumulating
the United Nations in which EPA said it "generally agrees" that
in the Earth's atmosphere because of human activities.
By Pamela Najor
D.C.
Copyright ©9 2003 by The Bureau of National Affair 5, Inc., Washington