In this Emerging Issues Commentary, Dustin Till of the Marten Law Group notes that nearly a year has passed since the U.S. Supreme Court’s groundbreaking decision in Massachusetts v. EPA ordering the Environmental Protection Agency to determine whether greenhouse gas (GHG) emissions from new motor vehicles threaten human health. With EPA stating in February 2008 that it does not have a specific timeline for issuing its determination, and the possibility that it may attempt to avoid making an endangerment finding in light of the fuel efficiency increases mandated by the 2007 Energy Independence and Security Act, Mr. Till discusses three new GHG rulemaking petitions filed by several states and environmental groups that may require EPA to address the issue anyway. These rulemaking petitions cover a variety of mobile sources, including airplanes, ocean vessels, and nonroad engines such as agricultural, mining, and construction equipment. EPA has 180 days to respond to each respective petition. If EPA ultimately determines that GHGs endanger human health, Mr. Till explains what the impact will be, including the next steps required of EPA.

“Regardless of whether the determination is made on the motor vehicle rulemaking petition at issue in Massachusetts v. EPA, or the recently-filed aircraft, ocean vessel, and nonroad vehicle and engine petitions, a determination by EPA that greenhouse gas emissions endanger human health will have widespread impacts and will likely necessitate significant federal greenhouse gas regulation over large swaths of the economy,” Mr. Till writes.  “While much media attention has been focused on state and federal climate change legislation . . . the pending greenhouse gas rulemaking petitions will likely have far-reaching impacts if EPA’s endangerment finding results in the conclusion that greenhouse gas emissions are a threat to public health or welfare.”

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