(Reuters) – A U.S. appeals court on Thursday declined to reconsider cases challenging the Environmental Protection Agency’s finding that greenhouse gases, including carbon dioxide, pose a risk to human health and welfare.
The US Court of Appeals for the District of Columbia Circuit has denied a request for rehearing in banc filed by the Concerned Household Electricity Consumers Council and the FAIR Energy Foundation, which advocates against regulations promoting clean energy.
The groups in 2022 have challenged the EPA’s decision not to reconsider the 2009 greenhouse gas emission reduction, which they say promotes climate regulations that drive up energy costs.
The findings gave the EPA responsibility for regulating greenhouse gasses under the Clean Air Act, leading to a series of regulations over the past 14 years targeting emissions from trucks, cars and airplanes, as well as energy sector emissions.
A three-judge DC Circuit panel dismissed their combined lawsuits in May, finding that the parties had presented “no evidence” that they or their members were directly harmed by the discovery.
David Wallace, president of the FAIR Energy Foundation, said the parties are reviewing the decision and considering an appeal to the US Supreme Court.
The EPA did not immediately respond to the request for comment.
An EPA risk assessment was completed in 2009, and it found that six greenhouse gases, including carbon dioxide and methane, pose a risk to human health.
Courts have rejected previous attempts to challenge risk findings. The current challenge is that the findings were based on flawed science and that the EPA’s refusal to reconsider was arbitrary.
The EPA said the findings are based on sound science, and are within its mandate under the national clean air act.
Cases by Council of Affected Home Electric Consumers et al. v. EPA and FAIR Energy Foundation v. EPA, in the US Court of Appeals for the District of Columbia Circuit, case 22-1139 and 22-1140.
For Appellants: Harry MacDougald of Caldwell Carlson Elliott & DeLoach and Francis Menton of the Law Offices of Francis Menton
For the EPA: Brian Lynk of the US Department of Justice
Copyright 2023 Thomson Reuters.
| Daily News Post