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E-M:/ EPA's Defiance of High Court on Warming Challenged

Enviro-Mich message from "Anne Woiwode" <Anne.Woiwode@sierraclub.org>

There are 18 state agencies (AG's or environmental agencies) that have
joined in this action. 

CONTACT: Josh Dorner, 202.675.2384

         EPA's Continued Defiance of High Court Ruling Challenged
Bush Administration Leaves Behind Wake of Broken Promises, Willful Inaction
 One Year After Landmark Supreme Court Decision Demands Action on Warming

Washington, D.C.--Exactly one year ago today the Supreme Court handed down
a watershed decision in the case of Massachusetts v. EPA.  Today the Sierra
Club, more than a dozen cities and states, and numerous other environmental
groups began legal proceedings in the U.S. Court of Appeals for the
District of Columbia Circuit to compel the Environmental Protection Agency
to stop defying the Supreme Court.  The new proceedings come after months
of warning from the petitioners that continued inaction would not be
tolerated.  Unfortunately, EPA chose not only to continue to ignore the
High Court's ruling, but instead proposed an alternative course that had
been advocated by the Heritage Foundation, industry, and other special
interests--a course of action explicitly rejected by the High Court in its

EPA's recent decisions on a variety of issues related to this case and
other global warming issues are the subject of several lawsuits and
investigations by no fewer than three Congressional committees.  EPA
documents in this case are expected to be subpoenaed by the House Select
Committee on Energy Independence and Global Warming shortly after today's
court filings.

     Statement of David Bookbinder, Sierra Club Chief Climate Counsel

"While EPA has spent seven years finding new and creative ways to delay,
obfuscate, deceive, block action in the states, and otherwise refuse to
take action on global warming, it seems it took them only a week to do what
was demanded by the Heritage Foundation and other special interests.  This
latest provocation, combined with a nearly decade-long trail of broken
promises from President Bush on down the line, left us with no other choice
but to take EPA back to Court.

"EPA threw the kitchen sink at the Supreme Court, lost, and has now proved
that they're willing to ignore even the highest court in the land in order
to protect their friends in industry.  While this administration has done
everything possible to make a mockery of the rule of law in this country,
it's still stunning that they refuse to yield even to the High Court.

"It's unfortunate that Stephen Johnson has chosen to sacrifice his three
decades at EPA in order to help rearrange the deck chairs as this
administration sinks further into irrelevance.  If he is unwilling or
unable to stand up and do to what the law--and now the Supreme Court--has
ordered him to do, he should step aside in favor of someone who is."


Today's mandamus petition, filed with the D.C. Circuit, can be found at:

A complete backgrounder on Mass. v. EPA, from 1998 through today's legal
action is at:

Petitioners' January 23, 2008 letter to EPA warning of further legal

EPA's February 27, 2008 response to petitioners:

1 p.m. EDT Telepresser: Conference ID: 41865683, Dial-in: (888) 228 - 9795

Edmund G. Brown, Jr., Attorney General of California
James Milkey, Chief of Environmental Protection, Massachusetts Attorney
General's Office
David Bookbinder, Sierra Club Chief Climate Counsel
Joe Mendelson, Legal Director, International Center for Technology

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