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May 18, 2013

U.S. Court of Appeals Affirms EPA's Greenhouse Gas Regulations: Is a NAAQS in the Offing?

On June 26, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion denying challenges to four regulations promulgated by the Environmental Protection Agency (EPA) that address greenhouse gas emissions (GHGs) from large stationary sources, such as power plants, cement manufacturers, refineries and other sources with large fossil fuel-fired boilers. The court of appeals' decision firmly supports the EPA's existing approach to regulating GHGs from these sources, requiring them to obtain permits that set controls for GHGs. The decision might also support pending arguments that EPA must set national ambient air quality standards for GHGs that could lead to even more stringent permit requirements. 

We posted the court’s opinion on June 26 here.

Read our GT Alert providing more in-depth analysis here.

©2013 Greenberg Traurig, LLP. All rights reserved.

About the Author

Of Counsel

Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law.  He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, water, wastewater, climate change, utility plant and transmission line siting, electric generating facilities, renewable energy, and telecommunications issues.

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