Today, the Delaware Department of Justice joined 16 states, the
Corporation Counsel for the City of New York, the City Solicitor of Baltimore, and the Pennsylvania
Department of Environmental Protection in sending a letter to Lisa Jackson, the new Administrator of
the Environmental Protection Agency (EPA). The letter urges her to act in response to the 2007 U.S.
Supreme Court ruling in Massachusetts v. EPA, issued under former EPA Administrator, Stephen
Johnson.

“The EPA has determined that greenhouse gas emissions pose significant risks,” said State
Solicitor Lawrence Lewis. “We are urging the new Administration to act quickly to regulate
greenhouse gas emissions.”

Under the federal Clean Air Act, once the EPA determines that greenhouse gases are a danger
to public health or welfare, it must issue an endangerment determination and act to regulate greenhouse
gas emissions. In the Massachusetts case, the Supreme Court declared that the EPA could not refuse
to regulate greenhouse gases based on the agency’s policy preferences. In late 2007, EPA officials
sent a proposed endangerment determination to the White House as an e-mail attachment, but White
House officials did not open the document, and former EPA Administrator Stephen Johnson declined
repeated requests to make the document public.
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