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Case Detail


In re EPA Findings on Greenhouse Gas Emissions
(Regulatory Proceeding)
On June 23, 2009, WLF filed formal comments with the Environmental Protection Agency in response to EPA’s proposed findings that carbon dioxide and five other so-called “greenhouse gasses” constitute “air pollution” that “may reasonably be anticipated to endanger public health and welfare.” Because CO2 is a bi-product of virtually all industrial activity, EPA’s proposed findings are likely to have profound effects on American society. WLF’s comments focused on the likely effects on the litigation environment. WLF urged EPA to make clear that its findings are not intended to encourage or to be used as evidence in tort lawsuits regarding potential global climate change. WLF argued that in the absence of such clarifying remarks from EPA, the agency’s findings could lead to an explosion in unproductive tort litigation. WLF argued that climate change policy should be made by the political branches of government, not by the courts.
Case Status:
Awaiting agency action.
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