INDUSTRY MAY FACE HURDLES IN BID TO CHALLENGE EPA GHG FINDING

摘要

Despite its broad policy significance, industry groups could face an uphill legal battle challenging EPA's upcoming endangerment finding for greenhouse gases (GHGs) in the event the agency issues a final version of the document before putting out emissions regulations based upon the finding, according to legal experts.rnThe legal experts say courts are likely to grant EPA broad deference in developing the document - which was required by the Supreme Court - and it may not be considered a "final agency action" subject to review by the Administrative Procedure Act (APA).rnHowever industry and other sources say critics would still be likely to challenge any finding given the high stakes of the climate change battle in general, and questions about how the finding, initially expected to focus on motor vehicle emissions, will impact other industries and will be used in other regulatory venues.rnThe legal experts say any challenge to the finding may be more legally viable if the document is challenged as part of a broader challenge to any future EPA regulation, which is subject to judicial review. "The ripe opportunity to challenge the endangerment finding would be once they finalize an actual rule that incorporates the endangerment finding," one attorney says.