Attorney General Gansler Calls Upon the EPA to Act Upon Supreme Court Climate Change Ruling

BALTIMORE, MD (January 23, 2008) - Attorney General Douglas F. Gansler today announced that Maryland, along with Attorneys General from 17 other state and local governments sent a letter to Stephen L. Johnson, Administrator of the U.S. Environmental Protection Agency (EPA) regarding the agency’s lack of progress in responding to last year’s U.S. Supreme Court ruling in Massachusetts v. EPA.

“The EPA has abdicated its authority under the Clean Air Act,” said Attorney General Gansler. “On April 2, 2007, the Supreme Court established the EPA’s authority to regulate greenhouse gases. With the one year anniversary of the Supreme Court’s decision fast approaching, the EPA should obey this landmark decision and issue regulations to curb greenhouse gas emissions without further delay.”

Before the EPA can regulate greenhouse gas pollution, the agency must make a formal determination that such emissions threaten public health or welfare. After the Court’s decision in April 2007, the EPA said it would propose regulations by the end of the year, but it has failed to do so. Today’s letter serves as notice that states are considering further legal action to compel EPA’s compliance with the Supreme Court’s mandate.

Joining Maryland in signing today’s letter are: Arizona, California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington. All of these states, together with the City of New York, and the Mayor and City Council for Baltimore, were either petitioners in Massachusetts v. EPA, or joined amicus briefs in support of the petitioners.