“EPA’s Proposed Endangerment Finding for Greenhouse Gases”

On April 17, 2009, the U.S. Environmental Protection Agency (“EPA”) issued a Proposed Endangerment and Cause or Contribution Finding (“Endangerment Finding”) for Greenhouse Gases (“GHGs”) under section 202(a) of the Clean Air Act (“CAA”), governing mobile sources. The proposed finding comes in response to the U.S. Supreme Court’s decision in Massachusetts v. EPA, which found that GHGs are air pollutants covered by the CAA. This Stroock Special Bulletin highlights some of the key aspects of EPA’s Endangerment Finding and notes some political issues raised by EPA’s action in relation to the proposed American Clean Energy and Security Act of 2009, recently released by the House Committee on Energy and Commerce.