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Cuccinelli back to court over new EPA rules

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Virginia Attorney General Ken Cuccinelli is heading back to court in his ongoing legal challenge to new Environmental Protection Agency regulations governing carbon dioxide and greenhouse gases.

The latest challenge comes on the heels of the EPA authorizing new rules on fuel efficiency for new cars and trucks built between 2012-2016.

Cuccinelli’s office said it views the new standards as “a tacit denial” of its previously filed lawsuit challenging the global warming research upon which the EPA relied to formulate regulations.

In the suit, Cuccinelli sought to block the adoption of the regulations and asked the EPA to reopen its proceedings, arguing that the climate change research was “unreliable, unverifiable and doctored.”

“We will file a notice of appeal with respect to today’s ruling,” said Brian J. Gottstein, spokesman for the Virginia Attorney General’s office.

Gottstein said the motion will ask for the opportunity to present new evidence to the court, but did not specify what the evidence might be. He said it likely will be filed sometime this month in the U.S. Court of Appeals in Washington.

In December, the EPA announced findings that concluded that global warming was real and poses a threat to people. The decision opened the door for the agency to crack down on cars, power plants and other sources of heat-trapping gases.

Cuccinelli filed suit in February, challenging the research methods and conclusions and arguing that ensuing regulations would negatively impact the Virginia economy, costing jobs. Texas also filed legal action against the adoption of the EPA regulations.

Environmental scientists and climate experts have dismissed the litigation, saying the overwhelming evidence in the scientific community supports the idea that manmade pollutants have contributed to the warming of the earth.

The attorney general also has filed suit against the federal government over recently passed health-care reform, arguing that its provision mandating nearly every American to obtain health insurance is unconstitutional. Thirteen other states also are challenging the legislation.

Jim Nolan writes for The Richmond Times-Dispatch.

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