Court Upholds EPA’s Right to Limit CO2 Emissions

The U.S. Environmental Protection Agency was "unambiguously correct" in setting standards to limit carbon dioxide emissions from autos and factories, a federal appeals court has ruled.

The three-judge panel decided that the EPA rightly concluded that greenhouse gases endanger human health. The judges found that the agency had "substantial" evidence that greenhouses gases probably are causing global warming.

The groups that challenged the EPA argue that CO₂ is not a health hazard, and they say some scientific research supporting global warming is flawed. The plaintiffs say they may seek a hearing by the full appeals court or take the case directly to the U.S. Supreme Court.

But the high court ruled in 2007 that greenhouse gases are pollutants subject to EPA regulation under the Clear Air Act. The Supreme Court said the agency must limit such emissions unless it had a reasonable explanation for not doing so. The appeals court ruling repeatedly cited the 2007 decision.

Automakers intervened in the lawsuit to support the EPA. But other manufacturers and utilities lined up behind the plaintiffs, contending that the cost of compliance is an excessive burden.