EPA's Endangerment Finding

<p>S1. &nbsp;The linchpin of EPA’s efforts to reduce greenhouse gases is its highly controversial

“endangerment finding,” issued in December 2009.1 That rule actually consists of two distinct

findings, reflecting the inquiries required by section 202(a)(1) of the Clean Air Act. 42 U.S.C.

§ 7521(a)(1). First, EPA found that emissions of carbon dioxide and five other greenhouse gases

“may reasonably be anticipated to endanger the public health and to endanger the public welfare

of current and future generations” by contributing to climate change. 74 Fed. Reg. at 66516. The

adverse health effects, according to EPA, include “changes in air quality, increases in

temperatures, changes in extreme weather events, increases in food and water borne pathogens,

and changes in aeroallergens,” all of which can lead to illnesses and deaths. Id. at 66526.

Adverse effects on the public welfare, in the Agency’s view, are posed by “numerous and farranging

risks to food production and agriculture, forestry, water resources, . . . coastal areas,

energy, infrastructure, and settlements, and ecosystems and wildlife.” Id. at 66534. Second, the

Agency found that four greenhouse gases are emitted by new motor vehicles and cause or

contribute to the pollution that endangers the public health and welfare. Id. at 66536.</p>