State joins in EPA challenge

LINCOLN - Nebraska joined 11 other states Thursday in seeking to participate in a legal challenge to the federal Environmental Protection Agency's recent findings about greenhouse gases.

Attorney General Jon Bruning filed a motion asking to intervene in a case pending before the U.S. Court of Appeals for the District of Columbia circuit.

The EPA took the first step toward regulating greenhouse gases when it released a final “endangerment finding” in December. The finding concluded that atmospheric levels of six greenhouse gases are high enough to constitute air pollution and endanger the public health and welfare.

The agency also reported that new motor vehicles contribute four greenhouse gases carbon dioxide, methane, nitrous oxide and hydrofluorocarbons to the endangering air pollution.

Bruning said the finding would lead to “unprecedented regulation” of industry and agriculture that would hurt the state and its economy.

“The EPA does not have the authority to impose such a burden,” he said.

The case began with Alabama, Texas and Virginia filing separate petitions in February challenging the EPA finding.

Several other groups, including members of Congress, trade groups, nongovernmental organizations and industries, have also filed challenges.

The D.C. court has consolidated all these cases.

The other states participating in the motion to intervene are Florida, Hawaii, Indiana, Kentucky, Louisiana, Mississippi, North Dakota, Oklahoma, South Carolina, South Dakota and Utah.

Last week, Gov. Dave Heineman and 19 other governors sent a letter asking Congress to rein in EPA plans to regulate greenhouse gases.

Contact the writer:

402-473-9583, martha.stoddard@owh.com

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