Climate Action Report FOIA Email 6.4.03 (a)

1. (Rjs72 of
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CREATOR: "Jeffreyt.BClarkgusdoj .gov- <Jeffrey.
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CREATION DATE/TINE: 4-JUN-2003 13:57:20.00
SUBJECT:: FW: C02 - 3 States in NE File Lawsuit in D. Conn.
TO:Philip J. Perry( CN=Phulip J. Per ry/U=OMn/0=Zopggop C 0MS
TO: James Connaugrhton CCN=James ConnaUghton/OUoCE/O
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-----Original Message ---
From: Cruden, John
Sent: Wednesday, June 04, 2003 12:51 PM
To: Sansonetti, Thomas L.; Clark, Jeffrey S. (ENE)
Subject: FW: 002
Tom (cc jeff) See attached. We do not yet have the complaint/petition.
John
Northeast AGe sue Bush admin over C02 emissions
Darren Samuelsohn, Greenwiresenior reporter
Top legal brass from three Northeastern states
filed suit today against
the Bush administration's climate change policies,
district court that the U.S. EPA has failed charging in federal
to take the appropriate steps
to list carbon dioxide emissions as a pollutant
under the Clean Air Act.
The attorneys general of Connecticut, Massachusetts
and Maine -- all
Democrats -- brought the challenge in U.S.
District Court in Hartford,
Conn. Their suit is one of at least three poised
administration regarding the controversial to hit the Bush
climate change issue as states,
environmentalists and conservatives seek redourse through the judicial
system (Greenwire, May 14).
In its 32-ppge legal brief, the AGs claim EPA
is long
the complex process whereby carbon dioxide emissions overdue in starting
under CAA's National Ambient Mir Quality Standards. wo uld be regulated
The suit uses as its
basis the landmark 1976 federal appeals court
decision that ultimately
drove EPA to add lead to its list of NAAQS criteria
pollutants. There, the
court sided with the Natural Resources Defense
Council that EPA had
already acknowledged lead emissions posed a
serious risk to human health
and should therefore begin to regulate the
substance.
Here, the AGs climate change argument follows
the same pattern in claiming
that EPA has made clear its understanding of
the possible scenarios that
file://D:SEARCH_7_28_03_CEQ732-fjinxg0O3-ceq.txt
7/9/2004

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of
emissions- Specifically, the
could result from unchecked carbon dioxide Climate Action Report released
A.Gs Point toa the administration-approved ,are likeWy due mostly to human
last June that said recent climate changres temperature and weather
in
activities" and that Predicted increases jfSicuigmajor
variability could have serious negative ramini 35-incn
ecosystem transformfations. 'diminishing water supplies, a 41-inch to
of insect-borne diseases. The
rise in sea levels and increased outbreaks from President aush'i coflnent
report has been subject to much controversy, to a possible legal
that it hlad been *put out by the bureaucracy" InstitutS that would 'have the
challenge from the Competitive Enterprise to the as'sessloflt.
White House publicly pair of an cnnctons lntnea
revoke
colrCfria P ccursia tht~.
The AGs also cite a
C02 as an air dollut~at An4ar tha
include legal argumn~ft5 for regulating of adminisarat±ofl inaction on
CAA. Snvironmenltalists, and other Critics
1998 -memO, frqm former EPA General.
global warming have seized upon the
Administratcr Carol Browner, as
counsel Jonathan Cannon to former agency,,
that C02 cualifies as an -air
evidence that EPA has in the past concluded of Representatives -hearing
House
pollutant."q They also point to a 1999 and reiterated" the
during whichq EPA General Counsel Gary Guzy 4confirmed
position laid out in Cannon's memo,
be reached for comment, the Bush
while an EPA. spokesperson could not
change have been well, documented and
administration's positions on climate
its legal defense. A4mong ocher things,
will likely serie as the basis for
cabinet-level Public statements and
the White iHouse has argued through
a pollutant under the CAA and It has
other correspondence that C02 is not
the administration argues that
no plans to advance such a cause. Instead,
through voluntary measures during
it has adequately addressed the issueG
its two-plus years in office.
asked companies to reduce their
:n February 2002, for examnple, Bush
the rat-io of emissions to economi4vwtpUt
-
greenhuse gas 4ntensity, --
administration also haas-established
'by 1-8oercent in the next decade. the
Program to develop a -climateChange
a multi-agency Climate Change Science with the existing, congressionally
~esarcl
Iit~t~v, ~o~dnatng it
the same time, the Bush
tnannaclz '1.3. Global Change Research Program. At
any approach to e2stablish new 0-02
administration has consistently opposed
process, inctuding attempts b-y Sent.
reauirezeflts nrough the legislative
IV. ead Joe Lieberm~an tD-Conn.<
J7ohn Mccain (R-Aflz.), jim Jefrs
Reilly, Connecticut Attorney Ger~nerai.
Massachu~ettS A:ttorney General Thomas Rowe told EPA of
Richard Blumenthal and Maine Attorney General G. Steven
atony gn ra frmI
their iflrention to sue in Januar. Originaly
administratlon to reconsi~der its
states said they would call on the Bush AGs from Alaska,
Ju~ly 2002. The
posit--on on regulating 002 back in
New jersey, New Y~ork, Rhode Island
California, xaryland, New Hampshire, filed today.
and Vermont are not party, to the lawsuit on
Among the other lawsuits addressing the administrations posnitions
coalition led by Niew 7orlK
climate change is a challenge from a seven-stact should within two
AG Elo Spce 0,who isa expected to argue that EPA
standards (NSPS) for pow-er
years updae~t its CMAAeW,source perfonnafce
to include 002 recuirements. A
plants and other industrial facilities
has already begun in a federal
similar suit brought by environm~enltalists
sources expect the two to
district coutt in Oakland, Calif., and
ultimately be consoladated.
Christopher S. vaden
Assistant Section Chief
Environmental Defense Sectiofl
xis.S Department of Tustice
(202) 514-4438
file://DASEA12CH200