Strengthened scientific support for the Endangerment Finding for atmospheric greenhouse gases

Abstract

BACKGROUND: The Clean Air Act requires the Environmental Protection Agency (EPA) to regulate air pollutants when the EPA Administrator finds that they “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” In Massachusetts v. EPA, the U.S. Supreme Court held that the EPA has the authority to regulate greenhouse gases (GHGs) under the Clean Air Act and that the EPA may not refuse to regulate once it has made a finding of endangerment. In December 2009, the EPA released its “Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act,” known informally as the Endangerment Finding (EF). The EF found that six long-lived GHGs, in combination, should be defined as “air pollution” under the Clean Air Act and may reasonably be anticipated to endanger the health and welfare of current and future generations. The EF is an essential element of the legal basis for regulating GHG emissions under the Clean Air Act. It provides foundational support for important aspects of U.S. climate policy, including vehicle mileage standards for cars and light trucks and the emissions standards for electricity generation known as the “Clean Power Plan.” The EF was rooted in careful evaluation of observed and projected effects of GHGs, with assessments from the U.S. Global Change Research Program, the Intergovernmental Panel on Climate Change, and the U.S. National Research Council providing primary evidence. The EF was clear that, although many aspects of climate change were still uncertain, the evidence available in 2009 was strong. Since the original EF, scientific information about the causes, historical impacts, and future risks of climate change has continued to accumulate. This Review assesses that new information in the context of the EF.