Rhode Island Governor Lynch Joins States In Urging EPA To Act On Climate Change Ruling

Also submits comments opposing issuance of air quality permit to proposed SC power plant

Rhode Island Attorney General Patrick C. Lynch today announced that Rhode Island has joined with Massachusetts, 15 additional states, the Corporation Counsel for the City of New York, and the City Solicitor for Baltimore in urging the Environmental Protection Agency (EPA) to comply with an April 2, 2007, ruling by the United States Supreme Court that established EPA’s responsibility to regulate greenhouse gases under the federal Clean Air Act.

In a letter written to Stephen L. Johnson, EPA Administrator, the attorneys general stated their concern about EPA’s lack of progress in responding to the administrative proceedings on remand from last April’s ruling in Massachusetts v. Environmental Protection Agency. Rhode Island is one of the 12 states that filed the lawsuit that resulted in a 5-4 decision by the Supreme Court finding the EPA’s “steadfast refusal to regulate greenhouse gas emissions presents a risk of harm to [the states] that is both ‘actual’ and ‘imminent’, and there is a substantial likelihood that the judicial relief requested will prompt EPA to take steps to reduce that risk.” The administrative proceedings on remand would allow EPA to make a finding that unregulated carbon dioxide endangers the public health and welfare. Once this finding is made, EPA is required to regulate carbon dioxide emissions as it would any other air pollutant.

“The EPA itself set a self-imposed deadline of the end of 2007 to formally respond to last year’s US Supreme Court ruling in Massachusetts v. EPA. We’re almost a full month into the New Year and the promised proceedings have failed to materialize,” Lynch said. “EPA must explain the basis for its steadfast refusal to control an air pollutant responsible for climate change. Let’s get on with the business of complying with the Clean Air Act and protecting our citizens and resources.”

Along with Massachusetts and Rhode Island, the attorneys general of the following states signed today’s letter: Arizona, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Vermont, and Washington. All of the these states, together with the City of New York and the Mayor and City Council for Baltimore, were either petitioners in Massachusetts v. EPA or joined amicus briefs in support of the petitioners.

With EPA refusing to regulate carbon dioxide emissions from motor vehicles or power plants, Attorney General Lynch also has filed comments opposing the permitting of new coal-fired power plants that do not provide for the capture of carbon dioxide emissions. Lynch yesterday jointly submitted comments with six other states and the District of Columbia to South Carolina’s Bureau of Air Quality, to voice concerns regarding the proposed issuance of an air quality permit to Santee Cooper for the construction of a new coal-fired power plant on the Great Pee Dee River in Florence County, South Carolina.

This is the fourth proposed power plant on which Lynch has commented since December 2006. Lynch joined other states in opposing the issuance of air quality permits to proposed new coal-fired power plants in Holcomb, Kansas, Letart Falls, Ohio, and Limestone County, Texas. Based on public comments received, the Kansas Department of Environmental Protection denied the construction permit to the Sunflower Power Company in Holcomb, Kansas. That denial is currently on appeal before the Kansas State Supreme Court.

Source: Rhode Island Attorney General

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