The U.S. Supreme Court has agreed to hear oral argument on the issue of whether the newly promulgated Greenhouse Emission Standard for vehicles triggers a Clean Air Act requirement to regulate emissions from stationary sources.  A ruling against the EPA could eliminate the need for stationary industrial sources, such as power plants and petroleum refineries, to obtain prevention of significant deterioration and Title V Operating Permits for their greenhouse gas emissions.  The court declined to hear other challenges to the EPA’s greenhouse gas rules, including its finding that greenhouse gas emissions present a public danger and should be regulated under the Clean Air Act.  That leaves intact the EPA’s fundamental authority to regulate greenhouse gases under the Clean Air Act.

For more information, please contact Phillip Hoover.