Created: 6/25/14 (Wed) | Topic: Issues
EPA greenhouse gas regs hit snag
The U.S. Supreme Court has issued its decision in Utility Air Regulatory Group v. Environmental Protection Agency, regarding a challenge to EPA regulations applying Clean Air Act permitting requirements to stationary sources of greenhouse gases.
The challenge was brought by the American Farm Bureau Federation and dozens of other industry groups.
The court rejected two elements of the EPA rule and upheld one. On balance, the decision is a major loss for EPA on the key aspects of the rule challenged by AFBF. In particular, the Court rejected EPA’s assertion of authority to impose Clean Air Act requirements on sources based solely on their emissions of GHGs (which include gases such as carbon dioxide and methane). However, EPA can regulate emissions of GHGs from sources that are already subject to Clean Air Act permitting due to other, non-GHG emissions.