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Texas is Among States Filing Petition for Cert with U.S. Supreme Court on Greenhouse Gas Emissions Rules

On April 19, 2013, Texas, along with eleven other states, submitted a petition for certiorari to the U.S. Supreme Court asking the Court to reconsider aspects of its 2007 decision in which the Court held that EPA has authority to regulate greenhouse gas ("GHG") emissions as air pollutants under the Clean Air Act (Massachusetts v. EPA, 549 U.S. 497, 63 ERC 2057 (2007)).

Along with other assertions, the petitioners argue that the Supreme Court should limit its decision in Massachusetts v. EPA to apply only to emissions from motor vehicles, which were the subject of that decision. They also request that the Supreme Court reconsider that decision in light of the "preposterous consequences" associated with the application of greenhouse gas regulations to stationary sources. Joining Texas in the petition are the attorneys general of Alabama, Florida, Georgia, Indiana, Louisiana, Michigan, Nebraska, North Dakota, Oklahoma, South Carolina, and South Dakota, and the Louisiana Department of Environmental Quality. The Coalition for Responsible Regulation, the Southeastern Legal Foundation Inc., the Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation, and the Glass Packaging Institute are among the other entities that filed separate petitions on April 19.  

© 2021 Beveridge & Diamond PC National Law Review, Volume III, Number 123
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About this Author

Karen M. Hansen Water Regulation Attorney Beveridge & Diamond Austin, TX
Principal

Karen Hanson’s practice focuses on the Clean Water Act and state programs for regulating and permitting water discharges and water supply/use, and on environmental, health, and safety audit review and implementation. 

She has extensive experience assisting industrial and municipal clients in preparing strategies for and pursuing water permits for ongoing operations, expansions and new operations, including permit challenges. Karen also represents clients that must defend CWA and state water law enforcement actions, including claims pursued by governmental as well as third party...

512-391-8005
Madeleine Boyer Environmental Attorney Beveridge Diamond
Principal

Maddie brings 25 years of experience providing strategic and solutions-oriented counseling and representation on a broad range of US and Latin American environmental, health and safety standards.

Her portfolio includes environmental regulatory counseling; audit oversight and support; supply chain and product stewardship advocacy and compliance; and high-stakes enforcement matters. Her domestic caseload currently includes air and waste matters before the US Department of Justice, the Office of the Attorney General of the State of Texas, the US Environmental...

512-391-8010
Laura L. LaValle Clean Air Act Attorney Beveridge & Diamond Austin, TX
Office Managing Principal

Laura's practice has focused on Clean Air Act matters for over 20 years.

Laura's air quality experience includes advising and representing entities on a broad range of permitting, compliance, and policy issues. She has represented chemical manufacturing operations, electric utilities, petroleum refineries, oil and gas pipelines and terminal facilities, alternative/renewable energy operations including solar energy projects, landfills and waste combustors, steel manufacturing facilities, mining operations, and other facility types regarding federal and state permitting and compliance...

512-391-8020
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