The world’s largest private sector coal business, the Peabody Energy Company (PEC) has filed a mammoth 240-page “Petition for Reconsideration,” a full-blown legal challenge against the U.S. Environmental Protection Agency.
The petition must be answered and covers the entire body of leaked emails from ‘Climategate’ as well as those other ‘gate’ revelations including the frauds allegedly perpetrated under such sub-headings as ‘Himalayan Glaciers,’ ‘African Agricultural Production,’ ‘Amazon Rain Forests,’ ‘Melting Mountain Ice,’ ‘Netherlands Below Sea Level’ as well as those much-publicized abuses of the peer-review literature and so called ‘gray literature.’ These powerful litigants also draw attention to the proven criminal conduct by climate scientists in refusing to honor Freedom of Information law (FOIA) requests.
Peabody is, in effect, challenging the right of the current U.S. federal government
to introduce cap and trade regulations by the ‘back door.’ In this article we summarize Peabody’s legal writ.
PEC has pulled out all the stops to overturn the EPA findings ‘Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act’ made on December 7, 2009. Those findings were in turn premised on the Supreme Court decision of April 2, 2007 of Massachusetts v. EPA, 549 U.S. 497 (2007), where the court ruled that greenhouse gases are air pollutants covered by the Clean Air Act.
PEC argues inter alia
that the law requires that the federal agency must articulate a “rational connection between the facts found and the choice made” as per the case of Motor Vehicle Mfrs. Ass’n of the United States, Inc. v. State Farm Mutual Auto Ins. Co., 463 U.S. 29, 43 (1983).
The PEC arguments are based primarily on the release of email and other information from the University of East Anglia (“UEA”) Climatic Research Unit (“CRU”) in November of last year. Their civil action lists most of the principle scientists such as Professor Phil Jones, of the UK’s Climatic Research Unit, who recently admitted there has been no ‘statistically significant’ global warming for 15 years and agreed the Medieval Warm Period may have been just as warm, if not warmer than current global temperatures.
The petition argues the EPA must reconsider its Endangerment Finding based on all the new material from Climategate that was not available during the original EPA ‘comment period’ and which is central to the outcome that EPA reached in promulgating its Endangerment Finding.