State Files Motion to Intervene Lawsuit against the Environmental Protection Agency

PIERRE, S.D.-  Attorney General Marty Jackley said today South Dakota has joined with 14 other states in a challenge to the Environmental Protection Agency’s recent endangerment finding for greenhouse gases.

On Dec. 15, 2009 the EPA released its final endangerment finding, which concluded that atmospheric concentrations of six greenhouse gases are sufficient to constitute air pollution that endangers public health and welfare. The agency also reported that new motor vehicles contribute four greenhouse gases (CO2, methane, nitrous oxide, and HFCs) and contribute to the endangering air pollution.  

Based on this finding, EPA has stated that it will impose new regulations on motor vehicles, and on businesses that emit greenhouse gases.  South Dakota estimates that these new regulations may require 1,000 facilities in the state to obtain air permits for the first time.  

“This finding is projected to allow unprecedented regulation of the agriculture industry and small businesses in South Dakota,” said Jackley.   “Protecting our environment through reasonable regulation and enforcement is important to South Dakota.  The process undertaken by the EPA to expand its rulemaking authority through this endangerment finding is irresponsible government and not in the best interest of South Dakota.”

On Feb 17, Alabama, Texas and Virginia filed separate petitions challenging EPA’s finding. Several other groups, including members of Congress, trade groups, nongovernmental organizations, and industries also filed challenges. The District of Columbia Circuit Court consolidated all of these cases.

In addition to Texas, Virginia, and Alabama, eleven other states have joined the request to intervene: Florida, Hawaii, Indiana, Kentucky, Louisiana, Mississippi, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota and Utah. 

-30-