On April 17, 2009, the Environmental Protection Agency (“EPA”) issued a proposed finding declaring that greenhouse gasses (“GHGs”) pose a threat to public health and welfare and contribute to the threat of climate change. The Proposed Findings (“Proposed Findings”) were in response to the Supreme Court’s ruling in Massachusetts vs. the EPA, 549 U.S. 497 (2007), in which the Supreme Court remanded the case to the EPA to determine whether emissions of GHGs from new motor vehicles cause or contribute to air pollution that is adverse to public health or welfare. Formalization of the Proposed Findings would require the EPA to regulate GHG emissions, which would likely impact a variety of industries. The Proposed Findings, along with an EPA notice in the Federal Register earlier in the week concerning increasing ocean acidification from GHGs may act as a catalyst for, as well as accelerate the timeline for, federal regulation of GHGs.

Click to view the full memo, EPA Endangerment Ruling