tailoring rule

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 …


More Musings on the Cert Petition Grant in the Greenhouse Gas Emissions Case

Does Regulating Greenhouse Gases Lead to Absurd Results and What Happens Once the Court Rules?

In follow up to my early morning post of this morning, here are a couple of additional points. 1)  A related but different argument petitioners are making about why the PSD provisions don’t apply to the regulation of greenhouse gases is that the application of the provisions would lead to absurd results.  The absurd results …


Still Waiting For Supreme Court Decision on Greenhouse Gas Emissions Cert Petition

We May Learn This Week Whether Court Takes Up Important Climate Change Case

Court watchers are still waiting to learn whether  the U.S. Supreme Court will hear the  second most important federal case involving greenhouse gas emissions,  Coalition for Responsible Regulation v. EPA.   The Court is closed today for a federal holiday (not because of the shutdown) but any day we should hear about whether it will take …


D.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 …


Standing 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 …


DC 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 …


Full 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 …


Tailoring the tailoring rule – we’re up to 75,000 tpy

Last week, Sean asked whether the EPA was backing off its plan to begin regulating stationary sources of greenhouse gas pollutants under the Clean Air Act.  This week, we learn more about the answer (“yes”) and some details about how much it’s backing off (“lots”). Background: The CAA requires EPA to begin regulating greenhouse gases …