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Has the EPA oversold the dangers of climate change?

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May 28, 2014

That is the question that Robinson & McElwee attorneys David L. Yaussy and Elizabeth Turgeon have endeavored to answer in their recent publication in the West Virginia Law Review, Unringing the Bell: Time for EPA to Reconsider Its Greenhouse Gas Endangerment Finding.

Drawing on some of the most recent scientific information available, they have demonstrated that EPA may have acted prematurely in deciding that greenhouse gases (GHGs), such as carbon dioxide and methane, pose a danger to the natural order and human living conditions.

 After recounting the rulemaking process that led to GHG regulations, they focus on the central findings of the rule that underlies the entire GHG regulation regime – the Endangerment Finding.  

EPA based its Endangerment Finding that climate change was occurring, and that it was principally caused by man-made emissions of GHGs, on other organizations’ understanding of weather science, a review of the temperature record, and computer models.  Mr. Yaussy and Ms. Turgeon deconstruct each of these in turn, demonstrating that none of them supports a conclusion that climate change poses an imminent danger to humankind or the environment.

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