By Andrew Longstreth
NEW YORK, Dec 11 (Reuters) - A coalition of seven eastern
states led by New York plans to sue the U.S. Environmental
Protection Agency for failing to issue new guidelines to curb
methane emissions, a greenhouse gas that may be linked to
climate change.
In a letter on Tuesday to EPA Administrator Lisa Jackson,
the top law enforcement officials for the seven states said the
agency should have addressed methane emissions when it revised
emission control standards for the oil and gas sector in August.
The seven states threatening litigation, which included
Connecticut and Delaware, were among those that were most
affected by Superstorm Sandy, which has renewed debate over the
impact of climate change. The other states in the coalition
include Maryland, Rhode Island, Vermont and Massachusetts. In
their letter, the states said recent dramatic weather patterns
were linked to methane emissions from the oil and gas sector.
"From severe droughts and heat waves to a string of
devastating storms in the northeast over the last two years, it
is becoming ever more apparent that increasing greenhouse gas
pollution contributes to climate disruption in the U.S. and
around the globe," the state attorneys general wrote.
The EPA said it would review the letter and respond.
Last year, the EPA received comments about proposed rules
for regulations of certain pollutants from the oil and gas
sector. Those included comments form trade associations, public
interest groups and major energy companies, including Chesapeake
Energy Corp, Devon Energy Corp and Chevron Corp.
In August, the EPA published its final rules. At the time,
it said it would "continue to evaluate the appropriateness of
regulating methane with an eye toward taking additional steps if
appropriate."
In their letter, the states argued that the EPA missed a
deadline required by law to determine whether new regulations
over methane are needed.
"While it is clear that methane from oil and natural gas
development contributes substantially to climate change
pollution, regulators have failed to require the industry to use
available and cost-effective measures to control these
emissions," said New York Attorney General Eric Schneiderman,
whose office is leading the coalition.
The states said they are willing to explore solutions
outside litigation, but said they would file a lawsuit in
federal court if no resolution is reached.
Some of the states preparing the lawsuit against the EPA
were part of a failed effort to sue power companies to curb
their emissions. Last year, the U.S. Supreme Court found that
their claims that pollution from power companies created a
public nuisance were "displaced" by the Clean Water Act and the
EPA, which has authority to regulate emissions.
The lawsuit, first filed in 2004, warned about the dangers
that global warming posed to coastal areas in the United States.
As severe flooding becomes more common, the lawsuit claimed, New
York City, including its subway stations, airports and bridges
"will experience more frequent and severe flooding from global
warming-induced sea level rise, causing hundreds of billions of
dollars in damages and wreaking havoc on the daily life of the
City."
Follow us on Twitter @ReutersLegal | Like us on Facebook