NFIB Challenges EPA's Greenhouse Gas Ruling

Washington, DC, April 9, 2010--The National Federation of Independent Business Small Business Legal Center has filed a motion with the D.C. Circuit Court to support the legal challenge against the Environment Protection Agency’s endangerment finding that certain greenhouse gases threaten public health and welfare and therefore, under the Clean Air Act, must be regulated by the EPA.

On Dec. 15 the EPA announced a final rule regarding the Endangerment and Cause or Contribute Findings for GHGs under the Clean Air Act. The rule finds that six greenhouse gases taken in combination endanger the public health and welfare.

According to NFIB, this effectively allows the EPA to continue to announce new emissions regulations on businesses and individuals under the CAA. NFIB believes that the CAA is an inefficient and ineffective vehicle to address climate protection and that Congress solely should address GHG emissions.

“EPA’s ruling will trigger a regulatory avalanche under at least four CAA programs and imposes potentially crushing regulatory burdens on previously unregulated small entities,” said Karen Harned, executive director, NFIB Small Business Legal Center.