Chamber of Commerce escalates legal challenge to EPA emissions ruling

The US Chamber of Commerce has launched a lawsuit against the Environmental Protection Agency (EPA). It seeks to challenge the Agency's ruling that greenhouse gases pose a threat to health and can be controlled under the existing Clean Air Act.

The lawsuit, which was formally launched late last week, specifically challenges the EPA's rejection of a petition submitted by the Chamber last year that sought to have the agency reconsider its "endangerment finding" ruling that greenhouse gases would significantly endanger public health.

The 2009 endangerment finding paves the way for regulation of carbon emissions by the US government under the Clean Air Act – a scenario that is now increasingly likely after the Senate failed to pass a specific climate bill last month.

The Chamber has consistently argued that the Clean Air Act is inappropriate as a tool for regulating greenhouse gas emissions, arguing that the administration should seek to curb greenhouse gas emissions through new legislation approved by Congress.

It has also warned that attempting to impose new carbon regulations through the EPA would drive up energy prices and harm the economy.

"The US Chamber, policymakers, numerous trade groups, state governments, and businesses throughout the country have collectively raised strong concerns about the significant negative impact the EPA's endangerment finding will have on jobs and local economies," said Robin Conrad, executive vice president of the US Chamber's National Chamber Litigation Centre.

The original petition also referred to the 'Climategate' scandal, in which scientists linked to the UK's Climatic Research Unit were accused of downplaying data that did not support the global warming thesis. However, a British inquiry vindicated the scientists in early July, and the EPA specifically dismissed such allegations when it rejected the petition.

The EPA is expected to mount a vigorous defence against the lawsuit, having argued that its plans to curb emissions from vehicles and power plants will have a minimal impact on the economy and are necessary to mitigate the risks associated with climate change.

The Chamber's decision to challenge the EPA's ruling is also likely to prove controversial with its members, some of which have expressed opposition to the business group's anti-environmental legislation stance and have proposed the formation of a rival lobby group committed to supporting efforts to tackle climate change.