The
full U.S. Court of Appeals for the District of Columbia Circuit
denied a petition for rehearing en banc filed by the Concerned
Household Electricity Consumers Council and the FAIR Energy
Foundation, which advocate against regulations promoting clean
energy.
The groups in 2022 had challenged the EPA’s decision not to
reconsider its 2009 greenhouse gas endangerment finding, which
they claim has spurred climate regulations that drive up energy
costs.
The finding gave the EPA the responsibility to regulate
greenhouse gasses under the Clean Air Act, leading to a raft of
regulations in the past 14 years targeting emissions from
trucks, cars and airplanes, as well as emissions from the power
sector.
A three-judge D.C. Circuit panel threw out their consolidated
lawsuits in May, finding the groups had provided "no evidence"
that they or their members had been harmed directly by the
finding.
David Wallace, the president of the FAIR Energy Foundation, said
the groups are reviewing the decision and are considering an
appeal to the U.S. Supreme Court.
The EPA didn’t immediately respond to a request for comment.
The EPA’s endangerment finding was finalized in 2009, and
determined that six greenhouse gasses, including carbon dioxide
and methane, pose a danger to human health.
Courts have rejected previous attempts to challenge the
endangerment finding. The current challenge claims the finding
is based on faulty science and that the EPA's refusal to
reconsider it was arbitrary.
The EPA has said the finding is based on sound science, and well
within its authority under the nation's clean air law.
The cases are Concerned Household Electricity Consumer's Council
et al. v. EPA and FAIR Energy Foundation v. EPA, in the U.S.
Court of Appeals for the District of Columbia Circuit, case Nos.
22-1139 and 22-1140.
For the petitioners: Harry MacDougald of Caldwell Carlson
Elliott & DeLoach and Francis Menton of the Law Offices of
Francis Menton
For the EPA: Brian Lynk of the U.S. Department of Justice
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