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.