Project Report:
Compelling a phase out of fossil fuels within reach of existing US Law
- Investigates causes tending to destroy or impair the free-market system.
- Explores and develops market-based solutions.


Administrative & public advocacy, research, and legal action as warranted, to secure a strong federal rule pursuant to the Toxic Substance Control Act (TSCA) aimed at phasing out GHG pollution and compelling major sources to remove or pay to remove excess atmospheric CO2, initially incentivized by a rising carbon fee.


CPR Initiative General Counsel Dan Galpern filed a citizens' petition for rule making in June of 2022. EPA denied that petition in September of that year. Between the petition filing and the Agency's denial, Congress passed (on a party-line vote) the Inflation Reduction Act. The Denial cited to both the IRA and a series of six rule-makings it asserted it would soon advance in order to meet President Biden's short and long-term climate goals for the nation.

Petitioners then filed a federal citizens' lawsuit, to compel the rule making they sought in their earlier petition. In March 2022, EPA filed a motion to dismiss, and 20 conservative states led by Alabama have filed a motion with the federal court to come into the case as a amicus group in support of EPA.

In the meantime, EPA has proceeded to issue new draft rule covering GHG emissions in several sectors. Thus, on Nov. 11, 2022, it filed a Supplemental Proposal to Reduce Methane and Other Harmful Pollution from Oil and Natural Gas Operations. On April 12, 2023, it filed a draft rule on Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles. And on April 22, 2023, several press reports indicated that a new rule controlling fossil fuel power plant emissions (for both existing and new plants) is soon forthcoming.

At this writing (April 24, 2023) CPR Initiative is analyzing these various rule makings even as it is preparing its responses in court.


The Project relates to the Foundation’s purposes in that present legal structures have enabled major interests, particularly the fossil fuel sector, to treat the atmosphere as a free and open dump for GHG pollution. This has induced a dangerous planetary energy imbalance which, if not reversed, threatens to vastly expand economic instability and immiseration.

Our project takes as given (but not, of course, immutable) central features of the free-market and democratic system and, attempting to work within and make these systems work, demands enforcement of existing bedrock law towards the intermediate goal of imposing a rising fee on CO2 and other GHG pollutants and a longer-term goal of restoring earth's energy balance at a lower average temperature conducive to humanity and nature as we have come to know it.


The scope is largely but not entirely limited to vastly improving climate policy in the United States.

In the event that EPA accepts our Petition we will participate and lead public efforts in the rulemaking process. This will require litigating, as necessary, to defend EPA’s proper determination; pressing for wide public participation, including by deeply impacted communities; developing a strong and deeply-supported set of recommendations; advocating for the same in hearings and in writing testimony; et al.

In the event that EPA rejects our Petition we will aim not to take “no” for an answer. Instead, prepare, file, and prosecute a lawsuit to overturn such a rejection – seeking a remand to the agency and, funding permitting: (i) develop a strong and deeply-supported set of recommendations, and (ii) sponsor (or co-sponsor) public hearings on our own (galvanizing public sentiment for a strong federal effort).

Information Dissemination

Via the organization's website, op-ed pieces, zoom meetings, meetings with allied organizations; presentations; and other fora.

Project Link;;

Amounts Approved
$50,000.00 on 10/20/2022 (Check sent: 10/28/2022)
$15,000.00 on 11/10/2022 (Check sent: 11/18/2022)

CPR Initiative Sues EPA to Compel Climate Pollution Phase Out
CPR Initiative Sues EPA to Compel Climate Pollution Phase Out

CPR Initiative Sues EPA to Compel Climate Pollution Phase Out

2495 Hilyard St., Suite A
Eugene, OR 97405

Corner of 25th and Hilyard, above the South Hills Cafe

(541) 968-7164


Daniel Matthew Galpern
General Counsel and Executive Director, Climate Protection and Restoration

Posted 9/10/2022 11:41 AM
Updated   4/11/2024 6:52 PM

  • Nonprofit

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