The coastal village of Kivalina, Alaska, whose federal lawsuit seeking to hold oil and energy companies responsible for the effects of climate change was dismissed in November 2009 by the United States District Court, has filed an appeal to the 9th Circuit Court of Appeals.

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As we reported yesterday, Environmental Protection Agency Administrator Lisa Jackson has signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act:

1.  Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases--carbon dioxide, methane, nitrous oxide, hydrofluorocarbons ,  perfluorocarbons, and sulfur hexafluoride--in the atmosphere threaten the public health and welfare of current and future generations.

2.  Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare.

These findings do not themselves impose any requirements on industry or other entities. However, this action is a prerequisite to finalizing the EPA’s proposed greenhouse gas emission standards for light duty vehicles, which were jointly proposed by EPA and the Department of Transportation’s National Highway Safety Administration on September 15, 2009.  

The E.P.A. administrator, Lisa P. Jackson has scheduled a news conference for 1:15 p.m. on December 7, 2009, where she is expected to announce the Environmental Protection Agency’s final determination that greenhouse gases pose a danger to human health and the environment. The move paves the way for regulation of carbon dioxide emissions from vehicles, power plants, factories refineries and other major sources under the Clean Air Act.

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