On November 9, 2009, the U.S. Environmental Protection Agency ("EPA") announced that it sent its final greenhouse gas endangerment finding to the White House for review. The EPA did not release a copy of the finding, a draft of which was published in April 2009. The proposed finding sets forth EPA’s position that greenhouse gases endanger public health and welfare, and therefore can be regulated by the EPA as a pollutant.
The Office of Management and Budget has up to 90 days to review the proposal. If approved, the endangerment finding would provide the basis for EPA to regulate and curb greenhouse gas emissions, even if the U.S. Congress does not pass climate change legislation.
According to Reuters, the EPA also proposed a finding that greenhouse gas emissions from new motor vehicles contribute to the release of greenhouse gases and contribute to this endangerment. If approved, this finding would allow the government to regulate vehicle emissions by increasing vehicle gas mileage standards. EPA Administrator Lisa Jackson said the government is facing a “hard deadline” of March 2010 to let automakers know of the changes to fuel economy standards that would affect 2012 model vehicles.