With climate change legislation on hold for the moment in Congress, the administration has taken the next step toward curbing greenhouse gas emissions through the executive branch. EPA Administrator Lisa Jackson today formally designate carbon dioxide and five other greenhouse gases as dangerous pollutants, paving the way for their regulation even if Congress fails to pass a climate bill.

Democrats, including Senate Environment and Public Works Committee Chair Barbara Boxer, D-Calif., came out in support of the finding, reiterating that it is based on sound science and noting the impact it could have in Copenhagen. Environmental groups weighed in favorably as well but were quick to add that Congress still needs to pass a climate legislation.

"There is almost no one that thinks regulating under the Clean Air Act is the best way to proceed to deal with greenhouse gases," said Eileen Claussen, president of the Pew Center on Global Climate Change. But she noted that under the Supreme Court ruling, the EPA was obligated to make a decision about the effect of greenhouse gases on public health. Claussen called the decision "inevitable."

Jake Schmidt, international climate policy director for the Natural Resources Defense Council, told reporters in a conference call today from Copenhagen that the agency's announcement is a "positive first step" but that the "best way to move forward on global warming pollution is to pass a climate bill."

In her remarks today, Jackson was adamant that the endangerment finding did not reflect a change in her opinion that legislative action was key to curbing emissions. "Today's announcement and these efforts are designed to complement comprehensive clean energy reform," she said.

The "endangerment finding" is the final rulemaking step following a 2007 Supreme Court decisions that gave the EPA authority to regulate greenhouse gases under the Clean Air Act. Announced the same day as the opening of the international climate talks in Copenhagen, this could help President Obama when he attends the conference next week.

Republicans and some industry groups criticized the rule, saying it will hurt jobs and the economy and had political motives. "It seems likely that the Obama administration decided to go ahead with plans to outlaw carbon dioxide today in order to make the president's policies look good in advance of his visit to the Copenhagen conference rather than to advance any public good in America," said Rep. Joe Barton, R-Texas, ranking member of the House Energy and Commerce Committee, in a statement.

Amy Harder contributed to this report.

More in Energy Go to section

October 04, 2010 | Energy and Environment Bulletin

Is Unpriced Carbon The Next Subprime?

September 02, 2010 | Energy and Environment Bulletin

Dems Seek Answers On Gulf Explosion

September 01, 2010 | Energy and Environment Bulletin

BP Spent Big On Advertising After Spill

August 24, 2010 | Tech Daily Dose

Biden: Stimulus Dollars Fueling Energy and Life-Saving Technology

August 17, 2010 | Insider Interviews

Deepwater Horizon's Enduring Lessons