New Jersey Joins Suit Seeking to Compel EPA to Comply With U.S. Supreme Court on Greenhouse Gas Emissions

TRENTON -- New Jersey Attorney General Anne Milgram and Department of Environmental Protection Commissioner Lisa P. Jackson announced today that New Jersey has joined with Massachusetts and other states in suing the federal Environmental Protection Agency (EPA) over its failure to comply with a year-old U.S. Supreme Court directive ordering the EPA to take action on a rulemaking petition to regulate greenhouse gas emissions from motor vehicles.

Automobile traffic on a New Jersey highway: Photo by Skyco (CC)

“EPA’s conduct to this point demonstrates a troubling lack of urgency regarding the critical issue of global warming,” said Attorney General Milgram. “Moreover, it demonstrates a blatant disregard for the U.S. Supreme Court, which has ordered that EPA stop abdicating its responsibility under the law and act to address the issue of greenhouse gas emissions from motor vehicles sooner than later.”

“In New Jersey,” said Commissioner Jackson, “motor vehicles account for the largest portion of the state's total greenhouse gas emissions. The federal government's lack of action to date on this important issue defies all logic and obfuscates justice by failing to protect the public health and welfare.”
The U.S. Supreme Court ruled in April 2007 that the EPA, despite its assertion to the contrary, has authority under the federal Clean Air Act to regulate greenhouse gas emissions from cars and trucks. The court also found that EPA had used improper grounds to deny a rulemaking petition, filed by the states, that asked EPA to do so. At the time, the Supreme Court directed EPA to revisit the states’ rulemaking petition, to determine whether greenhouse gas emissions are a threat to public health or welfare and, if so, to develop regulations governing such emissions.

In the wake of the Supreme Court ruling, EPA indicated on several occasions that it was moving forward on the court’s directive.

Despite those indications -– formalized by EPA in a regulatory plan published in December 2007 -- the year ended with no action. In January of this year, Attorney General Milgram and Commissioner Jackson announced that New Jersey had signed onto a multi-state letter to EPA expressing concern that the agency appeared to be “unreasonably delaying” its compliance with the Supreme Court.

The letter asked that EPA provide specifics on how it intended to carry out the Supreme Court mandate by February 27, 2008. The letter threatened legal action if EPA demonstrated further “unreasonable delay.”

In a petition filed today with the U.S. Court of Appeals for the District of Columbia Circuit, Massachusetts, New Jersey and the other parties ask the court to now order EPA to comply with the Supreme Court’s directive by issuing an endangerment determination within 60 days. Under federal law such a determination, which the states contend has been scientifically shown to be the case, then obligates EPA to adopt formal regulations on greenhouse gas emissions.

In addition to New Jersey and lead state Massachusetts, Attorneys General for Arizona, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Minnesota, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington state have signed onto the petition filed today . In addition, the District of Columbia, City of Baltimore, City of New York and numerous environmental organizations have signed on as well.

Deputy Attorneys General Lisa Morelli and Jung Kim, assigned to the Division of Law’s Environmental Enforcement Section, are handling the matter on behalf of New Jersey.

View petition on greenhouse gas emissions

Source: New Jersey Attorney General

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