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Reuters US Court to Hear States Push EPA on Global Warming

Date: 08-Apr-05
Country: USA
Author: Timothy Gardner

New York, Massachusetts, California, as well as nine other states and environmental groups including Greenpeace, will argue that the federal Clean Air Act gives the Environmental Protection Agency the authority to regulate any air pollutant that may hurt public health or welfare.

The EPA acknowledges that global warming has risks, but said in 2003 it does not regulate greenhouse gas emissions because Congress has not granted it authority to do so under the air act.

The US Circuit Court of Appeals for the District of Columbia will also hear arguments from 10 states that support the EPA's 2003 decision. Authorities from Michigan, home of Detroit's Big Three automakers, have said carbon dioxide regulations could add anywhere from hundreds to thousands of dollars to the the price of new automobiles.

Scientists believe human-made greenhouse gases from power plants and car tailpipes are warming the earth to levels that could melt ice caps and endanger people living near coasts.

"EPA is doing nothing to regulate greenhouse gas emissions," Massachusetts Assistant Attorney General James Milkey told reporters. "In fact, since August 2003, EPA has hidden behind its claim that it lacks statutory authority to regulate such emissions."

The court is expected to turn greenhouse gas regulation over to the EPA or decide that the Clean Air Act doesn't address the gases. Its decision could take months.

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