Thank you for writing to express your opposition to the U.S. Environmental Protection Agency’s (EPA) finding that greenhouse gases endanger public health and welfare and to share your support for efforts to prevent the EPA from regulating those emissions under the Clean Air Act. I appreciate hearing your thoughts on this issue, and I welcome the opportunity to respond.
On December 7, 2009, EPA Administrator Lisa Jackson concluded that the current and projected atmospheric concentrations of six greenhouse gases threaten the public health and welfare of current and future generations. The EPA’s finding responds to the 2007 U.S. Supreme Court decision Massachusetts v. EPA in which the Court found that greenhouse gases are air pollutants under the Clean Air Act and required the EPA to review whether greenhouse gas emissions pose a threat to public health and welfare. While the endangerment finding itself does not impose any emission reduction requirements on industry or other entities, the finding allows the EPA to finalize the greenhouse gas emissions standards for vehicles, and over time will necessitate EPA to limit greenhouse gas emissions from large stationary sources.
As you know, Senator Lisa Murkowski (R-AK) has introduced a resolution of disapproval (S.J. Res. 26) to overturn the EPA’s finding on whether greenhouse gases endanger the public health and welfare, which was ordered by the Supreme Court in its Massachusetts v. EPA decision. Under the Congressional Review Act, Congress has the authority to disapprove a rule issued by an agency by enacting a joint disapproval resolution within 60 legislative days of receiving the rule. The resolution must be signed by the President in order to overturn a rule.
I appreciate hearing your concern that the endangerment finding will lead to the regulation of greenhouse gases under the Clean Air Act. In my view, there is convincing scientific evidence that climate change is happening, and the United States needs multiple tools to protect public health and the environment from its impacts. I believe that the cost of failing to act to address climate change exceeds the cost of taking the necessary steps to slow it. While I believe that regulating the largest greenhouse gas emitters under a new cap and trade system would be more effective and less expensive than regulating these sources under the existing Clean Air Act, Congress must ensure that the EPA has tools to reduce emissions from large-scale emitters in the United States in a way that minimizes costs to consumers.
Again, thank you for writing. If you have additional questions or comments, please contact my Washington, D.C. office at (202) 224-3841. Best regards.
Sincerely yours,
Dianne Feinstein
United States Senator
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