First published by Texas Lawyer, December 5, 2017
By Eric Groten
Combatants on both
sides of the battle over regulating greenhouse gases see the 2009 Endangerment
Finding as an on-off switch: With the Finding “on,” all Clean Air Act circuits
stay activated, forcing regulation/frustrating deregulation.
The partisans also
see the Finding as flag: Tear it down as an act of anthropogenic global warming
(AGW) apostasy, or defend it in fealty to planetary salvation. This binary view
of the Finding (and of AGW) accounts for the struggle to undo it, including but
certainly not limited to petitions for reconsideration now pending before the
new Administrator. Read the entire article here.