endangerment finding
Today’s Supreme Court Ruling: Three Key Questions
Direct implications are limited, but we’ll be reading the tea leaves for future implications.
Scholars, lawyers, and judges will be spending a lot of time dissecting today’s ruling. Overall, it’s a bit like yesterday’s World Cup game — EPA didn’t win outright but it didn’t lose either. Here are three key questions with some initial thoughts: What is the direct legal impact of the ruling? This was really …
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CONTINUE READINGD.C. Circuit Denies Rehearing in Endangerment Case
Six months ago, the D.C. Circuit upheld EPA’s finding that greenhouse gases endanger human health and welfare, triggering coverage under the Clean Air Act. Today, the full court denied rehearing to the three-judge panel’s decision. There were only two dissents, which obviously were hoping to set the stage for a cert. petition to the Supreme …
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CONTINUE READINGStanding and the EPA Greenhouse Gas Emissions Decision
As I described in my earlier post of today about the Coalition for Responsible Regulation v. EPA decision upholding the Environmental Protection Agency’s greenhouse gas emissions rules, the D.C. Circuit Court of Appeals found that the plaintiffs — groups representing large industrial and manufacturing facilities and states that oppose any greenhouse gas regulations under the Clean …
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CONTINUE READINGDC Circuit’s Unanimous Decision to Uphold Greenhouse Gas Rules Across the Board Major Victory for EPA
As Dan just noted, the U.S. Court of Appeals for the D.C. Circuit — in a unanimous decision — handed the U.S. EPA a sweeping victory in upholding across the board four separate components of the agency’s rules to regulate greenhouse gas emissions. The opinion can be found here. A little background is in order …
CONTINUE READINGNEWSFLASH — Court Upholds Greenhouse Gas Rules
From E & E news: The U.S. Court of Appeals for the District of Columbia Circuit announced it had denied industry petitions seeking invalidation of the so-called endangerment finding, the agency’s original conclusion that greenhouse gases pose a health risk and should be regulated under the Clean Air Act, and the “tailpipe” rule that set …
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CONTINUE READINGFull Speed Ahead!
The D.C. Circuit rejected efforts to stay EPA’s pending greenhouse gas regulations until the court decides the merits of the appeals. It could well take a year or more for the merits to be decided, so in the meantime EPA can move forward. The court order does not indicate any view on the merits of …
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CONTINUE READINGBig Three backs CAA regulation, cars deal
An interesting development: Yesterday, the industry group for major car manufacturers sent a letter to Congressional leaders opposing Sen. Murkowski’s legislative efforts (discussed by Holly here) to un-do EPA’s greenhouse gas endangerment finding. The Murkowski resolution, as many have pointed out, would have the result of undoing the federally brokered cars deal set to impose Clean Air …
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CONTINUE READINGLining up for endangerment litigation
February 16 marked the deadline to challenge EPA’s finding that greenhouse gas emissions endanger public health and welfare in federal court. According to BNA’s Environment Reporter, 16 such challenges were filed. The earliest seems to have come from an entity called the “Coalition for Responsible Regulation,” joined by mining and livestock interests (hat tip to …
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CONTINUE READINGThe Other Shoe Drops
EPA has now officially recognized what climate scientists have been telling us for years: climate change is real, and we’re the cause.
CONTINUE READINGMore on the Bush-era greenhouse gas endangerment recommendation
The release of documents discussed in Holly’s post ends the story of one of the more ridiculous of the last Administration’s unceasing efforts to delay climate change regulation. Scientists and policymakers at EPA had concluded that greenhouse gases were a danger to the public and should be regulated under the Clean Air Act. They sent an email, …
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