States seek court standing to defend EPA emissions rules

Sixteen states are asking a federal court for permission to intervene in industry litigation challenging EPA’s recent “endangerment finding” that greenhouse gases threaten human health.

Last month the National Cattlemen’s Beef Association, coal giant Massey Energy and others challenged EPA’s finding in the U.S. Court of Appeals for the D.C. Circuit. The endangerment finding is a precursor to planned EPA emissions rules.

The states, however, support emissions limits and asked the court Friday to grant them formal intervener status in the case on EPA’s side.

The list of states that filed the motion overlaps heavily with the states that won a landmark Supreme Court case on global warming in 2007. The high court ruled that EPA must regulate heat-trapping emissions under the Clean Air Act if it concludes they pose a threat.

The filing Friday cites several reasons why the states have a stake in the industry challenge, such as the effects of rising sea levels on Massachusetts, threats to states’ hardwood forests – and thus tourism – from climate change, and higher ozone pollution due to higher temperatures. Ozone pollution creates and worsens respiratory problems.

The states that filed the motion Friday are:

Massachusetts, Arizona, California, Connecticut, Delaware, Iowa, Illinois, Maine, Maryland, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington. The City of New York joined them.