Thank you for contacting me regarding S.J. Res. 26 and regulation of greenhouse gas emissions by the U.S. Environmental Protection Agency (EPA). I greatly appreciate hearing your thoughts on this important issue.

In 2007, the U.S. Supreme Court ruled that greenhouse gases are air pollutants subject to regulation under the Clean Air Act and directed the EPA to determine whether emissions from new motor vehicles endanger public health or welfare. Following an extensive two-year review process, under both the Obama and Bush Administrations, the EPA found that these gases do in fact threaten public health. This finding does not itself impose any requirements on industry or other entities, but does provide the basis for potential future regulation.

In order to prevent any regulations from taking effect, some members of Congress have worked to stop the EPA from moving forward. In particular, S.J. Res. 26 would have overturned the EPA finding that greenhouse gas emissions represent a threat to public health, and preemptively removed the ability for the EPA to regulate these emissions. On June 10, 2010, S.J. Res. 26 was considered by the full Senate and rejected with a vote of 47-53.

I strongly believe that the United States must serve as a leader in reducing greenhouse gas emissions that deteriorate our atmosphere and threaten our environment. Like you, however, I am concerned about the impact of any new federal policy on energy costs in North Carolina and American economic competitiveness. We cannot allow the impact of new energy initiatives to fall disproportionately on North Carolina or low-income citizens. Likewise, we cannot put American industries at a competitive disadvantage while we push other nations to adopt similar emissions reduction targets.

I believe that the most efficient and cost-effective method to regulate greenhouse gases is through a market-based approach that is thoroughly examined by Congress. I do not believe that Congress should overturn a scientific finding that affects the welfare of our nation, and for that reason I voted against S.J. Res. 26. With this in mind, I anticipate the opportunity work with my colleagues on comprehensive clean energy and climate change legislation, and will work to ensure that the impacts of new energy policies will strengthen – not weaken – our state’s economy.

Again, thank you for contacting my office. It is truly an honor to represent North Carolina in the United States Senate, and I hope you will not hesitate to contact me in the future should you have any further questions or concerns.

Sincerely,

Kay R. Hagan