EPA Issues Final Finding that Greenhouse Gas Emissions Endanger Public Health and the Environment

Finding Likely to Impact a Broad Range of GHG Emitters
Victor N. Baltera, Jeffrey M. Karp, Jerome C. Muys Jr.
Client Advisory, December 14, 2009

On December 7, 2009, the U.S. Environmental Protection Agency (EPA) announced its final finding that emissions of six greenhouse gases (GHGs) – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride – endanger public health and the environment. The finding allows EPA to regulate GHG emissions from cars and light trucks and other mobile and stationary sources under the Clean Air Act, regardless of whether Congress enacts climate change legislation.

In addition to setting the stage for EPA regulation of GHG emissions, the endangerment finding may expose companies that emit GHGs to increased litigation risk and heightened disclosure requirements.

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