In fulfillment of obligations under the Supreme Court's decision in Massachusetts v. EPA, EPA signed the final endangerment finding on December 7, 2009.  EPA found that greenhouse gases threaten the health and welfare of the American people within the meaning of Section 202(a) of the Clean Air Act.  This finding sets the stage for the motor vehicle rule, a compromise negotiated between EPA, DOT, the State of California, the world's largest automakers, the United Auto Workers, and environmental groups that would begin EPA regulation of greenhouse gas emissions from new motor vehicles and new motor vehicle engines.  The final motor vehicle rule is expected by the end of March 2010, which EPA believes will require the application of air permitting requirements (Prevention of Significant Deterioration) for greenhouse gas emissions from stationary sources.

The endangerment finding is effective January 14, 2010, and petitions for review are due by February 16, 2010.

M.J. Bradley & Associates LLC (MJB&A) has been monitoring these developments closely and will continue to offer our clients analysis and assistance as EPA responds.  This sample issue of our Environmental Energy Insights newsletter includes our overview of the earlier Supreme Court decision (Massachusetts v. EPA) that lead to the endangerment finding.