Special Interest Group confirms intent to sue hospitals, farms, schools and nursing homes under new Clean Air Act rules.

Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute, says her group is prepared to sue for regulation of smaller emitters if the EPA stops at simply large emitters. – Wall Street Journal, May 6, 2009

WASHINGTON, D.C. – The Center for Biological Diversity confirmed they will sue for the regulation of small emitters under the Environmental Protection Agency’s Clean Air Act.  The threat was made in comments to the Wall Street Journal.

“This confirms my worst fears.  Special interest groups are scheming to sue the EPA to prosecute hospitals, farms, nursing homes, commercial buildings and any other small emitter of greenhouse gasses.  These regulations are a dangerous loose canon in the wrong hands," Barrasso said.

When asked about potential lawsuits, Regina McCarthy, the Administration’s nominee as Assistant Administrator of the EPA Office of Air and Radiation said that she will “request that I be informed if any such notice is filed with regard to a small source, and I will follow-up with the potential litigants.”

“The solution to this problem is not to have government officials go around asking litigants not to sue.  That is not a solution and it’s entirely unrealistic.  I expect more,” Barrasso said.  

“The only jobs this option will create are in law firms as the litigation bonanza begins.” 

The EPA’s recent endangerment finding lists CO2 as a threat to public health.  The finding will trigger a flood of new regulations and judicial challenges that will affect up to 1.2 million small businesses, farms, nursing homes, hospitals, commercial buildings and other small businesses.

“Litigators and courts will drive this job-killing regulation. These rules will create a fog of uncertainty for investors and small business.  Small business will find it even more difficult to borrow money,” Barrasso said.

By the EPA’s own estimate, the typical pre-construction permit in 2007 cost each applicant $125,000 and 866 hours to obtain.  The process will overwhelm the EPA and small business.

“The EPA needs to take this option off the table immediately.  If there is no plan, there is no road map on how to deal with this problem,” Barrasso said.

“How will the nominee respond to losing court cases if you tried to exempt hospitals, farms, nursing homes, commercial buildings and other small emitters?”

Senator John Barrasso (R-Wyo.) has put a hold on the nomination of Regina McCarthy as Assistant Administrator of the EPA Office of Air and Radiation because she will oversee this process.