Utility Air Regulatory Group v. Environmental Protection Agency
October 15, 2013
Case #: 12-1146
684 F.3d 102 (D.C. Cir. 2012)
Full Text Opinion: http://www.cadc.uscourts.gov/internet/opinions.nsf/52AC9DC9471D374685257A290052ACF6/$file/09-1322-1380690.pdf
Environmental Law: Whether the EPA correctly determined that permissible regulation of greenhouse gas (GHG) emissions from new motor vehicles allowed permitting requirements under the Clean Air Act for stationary sources that emit GHG.
Petitioners, joined with petitioners from five other petitions seeking grants for a writ of certiorari, are all impacted by Environmental Protection Agency (EPA) Clean Air Act (CAA) greenhouse-gas (GHG) regulations. After the Court decided Massachusetts v. EPA, 549 U.S. 497 (2007), which determined that GHG’s constitute an “air pollutant” under the CAA, the EPA promulgated rules regulating GHG.
Petitioners contend that the EPA rules regulating GHG exceeds the legislative intent under 42 U.S.C. 7521(a)(1) which allowed GHG regulations for new motor vehicles, under the CAA's Title I prevention of serious deterioration, and under Title V stationary-source permitting programs. Specifically, petitioners contend that statutory provisions that permit GHG regulations have been expanded beyond the legislative intent of the statute to include smaller stationary-source emissions.
The Supreme Court granted certiorari to decide whether the EPA correctly determined that permissible regulation of greenhouse gas (GHG) emissions from new motor vehicles allowed permitting requirements under the Clean Air Act for stationary sources that emit GHG.
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