Comment Period for Endangerment Finding Expires Tomorrow
GOP lawmakers and industry sources have requested unsuccessfully that the comment period be extended. Since the Supreme Court’s ruling in Mass. v. EPA, it has been clear that EPA would have to make a finding one way or another, so everyone has been on notice for a long time that this was coming. Moreover, if there were any feasible route to a finding of no endangerment — taking “feasible” to include law, science, and politics — the Bush Administration certainly would have taken that route. Instead, they just ran out the clock. That tells you something about how this is going to play out.
Dan Farber has written and taught on environmental and constitutional law as well as about contracts, jurisprudence and legislation. Currently at Berkeley Law, he has al…READ more