At 1:15 PM EST today, EPA Administrator Lisa Jackson will hold a press briefing at which it is expected she will release EPA’s finding that emissions of greenhouse gases (GHGs) constitute a danger to human health and the environment pursuant to Section 202(a) of the Clean Air Act (CAA).

 On April 24, 2009, Administrator Jackson proposed to find that:

• The current and projected concentrations of the mix of six key greenhouse gases-carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulfur hexafluoride (SF₆)-in the atmosphere threaten the public health and welfare of current and future generations; and
• The combined emissions of CO₂, CH₄, N₂O and HFCs from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these key greenhouse gases and hence to the threat of climate change.

The former is referred to as the “endangerment” finding and the latter is referred to “cause or contribute” finding.  74 Fed. Reg. 18886 (April 24, 2009).

These findings are prerequisite to certain additional regulatory action under the CAA, including EPA’s proposed GHG emission standards for passenger cars, light-duty trucks and medium-duty passenger vehicles, covering model years 2012 through 2016 .  74 Fed. Reg. 49454 (Sept. 28. 2009).

For further information about this topic, please contact Akin Gump.