NEMA Intervention Permitted in challenge to EPA GHG regulation.

Press Release Summary:

US Court of Appeals for District of Columbia Circuit granted motion of NEMA and other state/national business organizations to intervene as one party in pending case to review US EPA's decision to regulate greenhouse gas (GHG) emissions from stationary sources through Clean Air Act. Specifically, petition seeks review of EPA's December 7, 2009 "Endangerment Finding" determination. "We don't believe EPA asked all of the right questions," stated NEMA President and CEO Evan R. Gaddis.

Original Press Release:

NEMA Permitted to Intervene in Court Challenge to EPA's Regulation of Greenhouse Gas Emission

ROSSLYN, Va.-The U.S. Court of Appeals for the District of Columbia Circuit last week granted the motion of the National Electrical Manufacturers Association (NEMA) and other state and national business organizations to intervene as a party in a pending case to review the U.S. Environmental Protection Agency (EPA) decision to regulate greenhouse gas emissions from stationary sources through the Clean Air Act.

The petition seeking review of the EPA's December 7, 2009, "Endangerment Finding" determination was originally filed by the National Association of Manufacturers and seven other trade groups in February 2010.

According to NEMA President and CEO Evan R. Gaddis, the EPA's Endangerment Finding is an initial step under the Clean Air Act that is leading to a costly permitting process for NEMA members in the manufacturing sector, who are largely small emitters.

"We believe that the Clean Air Act was not and is not a logical regulatory vehicle to regulate greenhouse gas emissions, and this view is shared by a large number of senators and representatives on Capitol Hill," Gaddis said.

"Our interest in this case is not to challenge climate change science. NEMA supports a comprehensive climate policy that achieves meaningful greenhouse gas reductions at the lowest practicable cost. We do not believe that EPA regulation of greenhouse gas emissions from stationary facilities can meet that objective, and it will ultimately add costly burdens to manufacturing that will likely impact job creation, economic growth, and our nation's competitiveness in the global economy. The low emission thresholds in the Clean Air Act could impose disproportionate costs on small emitters, such as electrical equipment manufacturers.

"We don't believe EPA asked all of the right questions in making its determination, and we don't believe the regulatory record answered all of the questions. The Clean Air Act has long been applied at the state and regional level to address regional and local air pollution conditions from local sources that can be remediated on a regional or local basis. Greenhouse gases, wherever they are found, have their sources around the globe. EPA is not equipped to handle this under the Clean Air Act. This is a problem for Congress to address in a comprehensive way, ensuring that our nation's economic interests are protected," Gaddis said.

NEMA is the association of electrical and medical imaging equipment manufacturers. Founded in 1926 and headquartered near Washington, D.C., its approximately 450 member companies manufacture products used in the generation, transmission and distribution, control, and end use of electricity. These products are used in utility, industrial, commercial, institutional, and residential applications. The association's Medical Imaging & Technology Alliance (MITA) Division represents manufacturers of cutting-edge medical diagnostic imaging equipment including MRI, CT, x-ray, and ultrasound products. Worldwide sales of NEMA-scope products exceed $120 billion. In addition to its headquarters in Rosslyn, Virginia, NEMA also has offices in Beijing and Mexico City.

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