Manufacturers Challenge EPA on Clean Air Act

Feb. 18, 2010
Several manufacturing groups have filed a petition in federal appeals court challenging the U.S. Environmental Protection Agency’s (EPA) decision to regulate greenhouse gas emissions (GHG) on stationary sources through the Clean Air Act. According to NAM’s John Engler, the EPA’s regulations could “stifle job creation and harm our competiveness in a global economy.”

The National Association of Manufacturers (NAM) and other business groups have filed a petition in federal appeals court challenging the U.S. Environmental Protection Agency’s (EPA) decision to regulate greenhouse gas emissions (GHG) on stationary sources through the Clean Air Act. Joining the NAM on the petition are the American Petroleum Institute (API), the National Petrochemical & Refiners Association (NPRA), the National Association of Home Builders, the Corn Refiners Association, the Brick Industry Association, the Western States Petrochemical Association and the National Oilseed Processors Association.

“We are challenging EPA’s ‘Endangerment Finding’ determination and focusing on whether they asked the right questions, sought the right information and whether they are meeting their burden under the standards set forth in the Clean Air Act,” explains John Engler, president of NAM. “If EPA moves forward and begins regulating stationary sources, it will open the door for them to regulate everything from industrial facilities to farms to even American homes. Such a move would further complicate a permitting process that EPA is not equipped to handle, while increasing costs to the manufacturing sector. These costly burdens and uncertainty will stifle job creation and harm our competiveness in a global economy.

Engler adds, “We support a comprehensive climate change policy that achieves real environmental results while also fostering continued economic growth – essential conditions for a healthy manufacturing sector in the United States.”

According to EPA, the “Endangerment Finding” and subsequent regulations will trigger new permitting requirements on more than 6 million stationary sources. These 6 million sources include 200,000 manufacturing facilities, approximately 20,000 farms, and another 200,000 other sources such as universities, schools and even American homes, impacting every aspect of the U.S. economy.

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