Natural Resources Defense Council

U.S. Chamber of Commerce, Coal & Gas Industries Attack EPA's Greenhouse Gas Endangerment Finding

In a predictable legal free-for-all, industry groups joined the state of Texas and the U.S. Chamber of Commerce late last week in filing challenges to EPA's "endangerment" finding for greenhouse gas emissions under the Clean AIr Act, while sixteen states and several environmental groups joined the fray by seeking to intervene in the industry challenges. The U.S. Court of Appeals for the District of Columbia Circuit will hear the cases.  All of the various petitions for review will almost certainly be consolidated. Background:  On December 7, 2009, the EPA Administrator signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act:

  • Endangerment Finding: The Administrator found that the current and projected concentrations of the six key well-mixed greenhouse gases--carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)--in the atmosphere threaten the public health and welfare of current and future generations.
  • Cause or Contribute Finding: The Administrator found that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare.

These findings do not themselves impose any requirements on industry or other entities  See EPA's background materials supporting its greenhouse gas endangerment findings under section 202 of the Clean Air Act.

The industry challengers include Ohio Coal Association, the Utility Air Regulatory Group, the Portland Cement Association, and the Competitive Enterprise Institute, along with a coalition that includes the National Association of Manufacturers (NAM), the American Petroleum Institute, the Corn Refiners Association, the National Association of Home Builders, the National Petrochemical and Refiners Association, and the Western States Petroleum Association. Ten other petitions were filed by the American Iron and Steel Institute, the American Farm Bureau Federation, the National Mining Association, Peabody Energy, the Southeastern Legal Foundation on behalf of 13 House Republicans and business associations, and the so-called "Coalition for Responsible Regulation".

The state and environmental groups seeking to intervene to support EPA's endangerment finding include a coalition of 16 states and New York City, and groups including the Natural Resources Defense Council, Environmental Defense Fund, Sierra Club and the National Wildlife Federation.

In a statement reported by the New York Times, Environmental Defense Fund Texas regional director Jim Marston said: "The lawsuit filed by Governor Perry is asking the Environmental Protection Agency to ignore the Supreme Court's decision in U.S. vs. Massachusetts. Their action invokes memories of a sad time in Texas history from the '50s, when Texas politicians sought to nullify decisions of the U.S. Supreme Court. Not only is it legally unsound, it puts Texas on the side of the 1950s economy, against the clean energy economy of the future."

NRDC Offers Updated Pennsylvania Renewable Energy Projects Mapping & Profile

The Natural Resources Defense Council (NRDC) has posted (December 5) new and updated information on Pennsylvania renewable energy projects. See NRDC Switchboard.  In its web-page "Renewable Energy for America - Harvesting the Benefits of Homegrown, Renewable Energy", NRDC provides an interactive mapping tool showing the location, developer and energy production of existing and proposed renewable energy projects throughout the United States.NRDC sums up Pennsylvania's renewable energy status: "Though Pennsylvania has one of the nation's largest coal-mining industries and second-largest nuclear industry, parts of the state are in the national vanguard of clean, green energy use." In its Pennsylvania Renewable Energy Profile, NRDC offers details about Pennsylvania's existing renewal energy facilities and potential future expansion, including wind energy, solar power, biomass fuels and cellulosic ethanol, and biogas (methane) production.  

Funding and economic incentives for Pennsylvania renewable energy projects. Perhaps most importantly, the Pennsylvania profile also includes information about project funding sources and economic incentives for renewable energy projects in the state. For example, businesses, non-profits, universities, and municipalities can apply to the Pennsylvania Energy Development Authority (PEDA) for assistance with capital costs on a variety of advanced energy projects, including solar energy, wind, biogas and biomass. Awards are made once a year. 

The Database of State Incentives for Renewables and Efficiency lists federal, state and local government incentives for renewable energy projects in Pennsylvania. The database includes project grant and loan application details, including eligibility criteria, loan and grant terms, application guidelines and other information useful to applicants.  Many of these Pennsylvania programs are administered through the Department of Community and Economic Development. You can download the Pennsylvania DCED Alternative and Clean Energy Program Guidelines by clicking the link below: 

Download Alternative And Clean Energy Guidelines (Nov. 2009)