May 1, 2013
The parties, which had until Friday April 19th to submit petitions to the high court, are challenging a 2012 decision by the Washington D.C. Circuit Court of Appeals that upheld rules issued by the Environmental Protection Agency (EPA). The petitioners attacked the rules on various grounds, but all argued that EPA should not use the Clean Air Act to regulate carbon emissions.
“EPA’s ill-founded regulations represent a sweeping expansion of its regulatory power under the Clean Air Act and would impose new requirements on potentially millions of stationary sources across the country,” the American Chemistry Council (ACC) said. The ACC was joined by the American Petroleum Institute, the National Association of Home Builders and the National Association of Manufacturers.
The U.S. Court of Appeals for the District of Columbia Circuit, which ruled in favor of the EPA last year, denied the group’s request for a rehearing in December, prompting the ACC and other organizations to turn to the Supreme Court.
The petitioners said the EPA incorrectly used the Prevention of Significant Deterioration (PSD) program of the Clean Air Act to regulate greenhouse gases from power plants. They said the program only applies to six other criteria air pollutants (ozone, particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and lead).
Other groups that filed petitions include the Utility Air Regulatory Group, an association of electric utilities and electricity-generating companies; the conservative Southeastern Legal Foundation, which represents Republican lawmakers Michele Bachmann and Joe Barton, among others. The 12-state coalition, led by Texas, includes Alabama, Florida, Georgia, Indiana, Louisiana, Michigan, Nebraska, North Dakota, Oklahoma, South Carolina, and South Dakota.
What this means to you
If it agrees to hear petitions from a coalition of industries and states, EPA’s authority to limit greenhouse gas (GHG) emissions from stationary sources will be tested by the U.S. Supreme Court. This may impact GHG reporting rules and regulations.
MIRATECH can help