Comments of the Competitive Enterprise Institute (Dr. Marlo Lewis, Ph.D.) on EPA’s Proposed Endangerment Finding

Lewis argues on behalf of the Competitive Enterprise Institute that EPA should not find endangerment to human health or welfare for numerous scientific, legal, and constitutional reasons. CEI extensively cites Climate Change Reconsidered and states EPA is required to rebut the information in it. CEI also references two other publications: Unstoppable Global Warming Every 1,500 Years by Dr. S. Fred Singer and Dennis Avery; and Is the U.S. Surface Temperature Record Reliable? by Anthony Watts. CEI cites Heartland’s Global Warming Facts Web site, at www.globalwarmingheartland.org,  and speakers at Heartland’s International Conferences on Climate Change, including MIT Professor Richard Lindzen and Dr. William Gray of Colorado State University.

CEI contends a positive endangerment finding by EPA “would create a constitutional crisis by empowering litigants and courts to usurp Congress’s authority to determine the basic direction of public policy” and violate the separation of powers doctrine by flouting the statutory language of the Clean Air Act.