Texas Files Brief in Challenge to EPA's Endangerment Finding

In order to regulate greenhouse gases (GHGs) EPA had to make a finding that they present a danger to human health and the environment, something that is referred to as an endangerment finding. Several states and organizations, including the West Virginia Manufacturers Association, have challenged that finding.  They have an uphill fight, given the deference afforded EPA on these types of  decisions, a point made in statements by University of Vermont law professor Pat Parenteau, as reported by Reuters. 

Texas recently filed its brief explaining why the EPA acted arbitrarily and capriciously in issuing its endangerment finding. I think Texas made a strong case that EPA erred when it made an endangerment finding without stating the standard for determining when a danger is posed, and in failing to consider whether mitigation and adaptation were reasonable alternatives to GHG regulation.  I would have liked to have seen more about EPA's reliance on questionable data in making the endangerment finding, but Texas probably went with its strongest administrative law arguments, rather than ask the DC Circuit to weigh the science.