Filed: May 2, 2017
Case status: Petition Denied
The Texas Public Policy Foundation filed a petition with the Environmental Protection Agency challenging the EPA’s 2009 Endangerment Finding that designates man-made greenhouse gas emissions as a danger to human health and welfare. In its rush to regulate greenhouse gases in 2009, the Obama Administration missed an important step. It failed to submit the greenhouse gas endangerment finding to the Science Advisory Board for peer review, as required by statute. That violation is fatal to the Endangerment Finding. The 2009 finding is the basis for all of EPA’s regulations on greenhouse gasses, and paved the way for stringent federal carbon dioxide emissions standards. Because carbon dioxide is a naturally occurring substance that is in every living thing, this gave the EPA unprecedented regulatory power. Along with Liberty Packing Company LLC, TPPF represents a coalition of construction, trucking, energy, logging, and manufacturing small businesses as petitioners seeking reconsideration of the EPA regulation. TPPF filed the petition in May 2017. Unfortunately, on the last day of the Trump Administration in 2021, EPA denied the petition. Following this denial, TPPF filed suit on behalf of Liberty Packing. More information on that lawsuit can be found here.
Case Documents:
Denial of Petition to Reconsider EPA’s Endangerment Finding