It was trial of evolution in the 1920’s. Now it is the turn of global warming. In a desperate attempt to fend off any cap on emission of greenhouse gases, the US Chamber of Commerce is pushing for a public hearing on the concept.
If the Environment Protection Agency (EPA) doesn’t give in, the Chamber is threatening to move the court against the EPA's endangerment finding, relating to greenhouse gases. The endangerment finding will be a cornerstone of the Obama administration's plan to set strict new emissions standards on cars and trucks.
On April 2, 2007, in
Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court found that greenhouse gases are air pollutants covered by the Clean Air Act. The Court held that the Administrator must determine whether or not emissions of greenhouse gases from new motor vehicles cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision.
It was in that context The Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act was signed on April 17, 2009.
It said, “Today the Administrator is proposing to find that greenhouse gases in the atmosphere endanger the public health and welfare of current and future generations. Concentrations of greenhouse gases are at unprecedented levels compared to the recent and distant past. These high atmospheric levels are the unambiguous result of human emissions, and are very likely the cause of the observed increase in average temperatures and other climatic changes. The effects of climate change observed to date and projected to occur in the future—including but not limited to the increased likelihood of more frequent and intense heat waves, more wildfires, degraded air quality, more heavy downpours and flooding, increased drought, greater sea level rise, more intense storms, harm to water resources, harm to agriculture, and harm to wildlife and ecosystems—are effects on public health and welfare within the meaning of the Clean Air Act.