EPA filed its legal brief this afternoon with the U.S. Court of Appeals for the District of Columbia Circuit defending its December 2009 decision that CO2 emissions threaten public welfare. Here is the EPA’s summary of its argument:
The question for the Court is not whether EPA can demonstrate that the Endangerment Finding and the evidence supporting it are beyond questioning, or that every piece of evidence points only in support of that Finding. It is, rather, whether EPA took all relevant record material into account in a “rational manner;” if it did so, the Court will not overrule EPA’s expert judgment. See Am. Petroleum Inst. v. Costle, 665 F.2d 1176, 1187 (D.C. Cir. 1981).