The US took a major step towards the introduction of wide-reaching climate change regulations on Friday, after the Environmental Protection Agency (EPA) formally declared that carbon dioxide emissions present a danger to public health.
The landmark ruling gives the Obama administration the power to impose carbon regulations on carbon-intensive industries, even if its hopes for a nationwide emissions cap-and-trade are thwarted in Congress.
The decision, which also covered five other gases, ruled that climate change poses an "enormous problem" in both "magnitude and probability", and that the " greenhouse gases that are responsible for it endanger public health and welfare within the meaning of the Clean Air Act".
"This finding confirms that greenhouse gas pollution is a serious problem now and for future generations," said EPA Administrator Lisa P. Jackson in a statement.
The ruling, known as an "endangerment finding", now enters a 60-day public review period, following which the EPA will be able to use the existing Clean Air Act to impose limits on heavy polluters of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride.
The Obama administration has repeatedly signalled that it would prefer to regulate greenhouse gas emissions through a new climate bill based on a nationwide carbon cap-and-trade scheme – a position the EPA supports.
However, the recently proposed Waxman-Markey climate change bill faces staunch opposition from Republicans and some Democrats, and the endangerment finding gives the EPA the freedom to act swiftly to regulate emissions from power plants and other heavy-emitting facilities without seeking approval from Congress.
It could also influence the EPA's forthcoming decision on whether to allow California and other states to set tougher vehicle emission standards, by strengthening the case for more demanding fuel-efficiency standards.
In a clear signal that the Democrats intend to use the ruling as a bargaining chip in their attempts to garner support for the proposed climate change bill, Barbara Boxer, the chair of the Senate environment and public works committee, said that she was prepared to roll out new carbon rules under the Clean Air Act if proposals for a cap-and-trade scheme fall through.
"EPA, through its scientists, has given us a warning that global warming pollution is a clear, present and future danger to America's families," she said. "If Congress does not act to pass legislation, then I will call on the EPA to take all steps authorised by law to protect our families."
Green groups welcomed the ruling, arguing that not only does it make wide-ranging carbon regulations more likely, but it will also strengthen US credibility at forthcoming UN climate change negotiations in Copenhagen later this year.
The EPA declaration went further than many environmental commentators had hoped, unequivocally accepting the fact that it was "very likely" greenhouse gases were contributing to global warming and warning that a failure to curb emissions could result in disastrous consequences.
It said that the decision had been made based on "rigorous, peer-reviewed scientific analysis" and warned that without action the US would face " increased drought; more heavy downpours and flooding; more frequent and intense heat waves and wildfires; greater sea level rise; more intense storms; and harm to water resources, agriculture, wildlife and ecosystems".
Significantly, it also ruled that climate change presented a threat to national security, citing a 2007 report from 11 retired US generals which warned that climate change "presents significant national security challenges for the United States" in the form of escalating resource wars and violence in destabilised regions.
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