Greenhouse Gas Regulations and the Clean Air Act

On September 30, the U.S. Supreme Court will consider a major challenge to the Environmental Protection Agency’s implementation of greenhouse gas regulations under Section 202 of the Clean Air Act, a hearing that could affect President Obama’s timetable for existing power plants and state implementation plans. The EPA will likely face ongoing litigation on most rulemaking decisions, creating an uncertain regulatory timeline for implementing greenhouse gas benchmarks.

The U.S. Supreme Court will consider a series of petitions that challenge the Environmental Protection Agency’s authority to regulate greenhouse gases (GHGs) under the Clean Air Act (CAA). In the upcoming Chamber of Commerce of the United States v. Environmental Protection Agency, the Court will consider whether the EPA determination that GHGs may endanger public health or welfare was in accordance with the law, and whether the EPA correctly determined that air pollutants regulated under the CAA motor vehicle provisions must also be regulated when emitted from stationary sources. The litigation is likely the first in a series of petitions challenging the new rules outlined by President Obama in June 2013 during his speech at Georgetown University.

Key Takeaways:

• EPA rulemaking regulating greenhouse gas emissions under the Clean Air Act will face ongoing litigation challenges
• Upcoming Supreme Court proceeding will consider authority of EPA Endangerment Ruling and authority to regulate GHGs under the CAA
• Ongoing litigation and opposition to greenhouse gas rulemaking will create obstacles to achieving President Obama’s timetables.

Read the full report here.

September 10, 2013 via Energy Solutions Forum

Energy Solutions Forum is an energy policy research and data company based in New York City. Follow @EnergySolForum for policy research and stay plugged in with ESF Calendar, the industry’s go-to resource for energy business events in and around NYC.