Supreme Court Agrees to Review EPA’s Greenhouse Gas Rules for Stationary Sources

Earlier today, the Supreme Court announced that it would review the EPA’s decision to regulate greenhouse gas emissions from stationary sources such as power plants and industrial facilities.

The Court granted certiorari on a narrow issue that follows from its decision in Massachusetts v. EPA, 549 U.S. 497 (2007):

“Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases.” 

In Massachusetts v. EPA, the Court held that EPA had authority to regulate greenhouse gases as “air pollutants” under Section 202(a)(1) of the Clean Air Act (42 U.S.C. § 7521(a)(1)), a provision that applies to new motor vehicles.  On remand following the Supreme Court’s ruling, EPA made the “endangerment finding” needed to initiate regulation of greenhouse gases in motor vehicles—i.e., that greenhouse gases may “cause, or contribute to,  air pollution which may reasonably be  anticipated to endanger public health or  welfare.”  (Id.)  In separate regulatory proceedings, EPA concluded that the its decision to regulate greenhouse gas emissions from new motor vehicles compelled the conclusion that it was also required to regulate greenhouse gases from stationary sources under the Clean Air Act’s Prevention of Significant Deterioration (“PSD”) program.

The Court’s order consolidates six petitions for review (12-1146, 12-1248, 12-1254, 12-1268, 12-1269, and 12-1272), but granted review on only the narrow question of whether EPA correctly concluded that its endangerment finding under the Clean Air Act’s new motor vehicle provision requires the Agency to also regulate greenhouse gas emissions from stationary sources.

--Chris Jensen

For more information, contact Chris Jensen at (415) 228-5411, or cdj@bcltlaw.com.