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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.  

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About this Author

Edward Grauman, Environmental Lawyer, Beveridge & Diamond Law Firm

Edward M. Grauman’s practice focuses on high-stakes, complex commercial and environmental litigation at both the trial and appellate levels. He works with clients across a wide spectrum of industries, including chemicals, consumer products, financial services, high tech, insurance, media, oil and gas, pharmaceuticals, security services, and telecommunications. His experience across industries and subject-matter areas gives him a deep understanding of the business considerations involved in large-scale disputes and enables him to provide clients with sound strategic...

Karen Hansen, Environmental Lawyer, Beveridge & Diamond Law Firm

Karen M. Hansen’s environmental law practice focuses on the Clean Water Act and state programs for regulating and permitting water discharges and water supply/use.  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. Ms. Hansen also represents clients that must defend CWA and state water law enforcement actions, including claims pursued by governmental as well as third party entities. She recently led a multi...

Madeleine Boyer Environmental Attorney Beveridge Diamond

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...

Laura LaValle, Environmental Lawyer, Beveridge & Diamond Law Firm

Laura LaValle is the Managing Principal and a founder of Beveridge & Diamond’s Texas office, and is Co-Chair of the Firm’s Air Practice Group.  Her practice has focused on Clean Air Act matters for the past eighteen years.  Ms. LaValle’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, municipal solid waste landfills, steel manufacturing facilities, mining operations, municipal waste combustors, trade...