The Other Big Court Decision This Week
Lost in the hype of the gigantic Supreme Court decisions this week was a ruling by the DC Circuit Court of Appeals.
This morning, a federal appeals court in Washington, D.C., upheld the Environmental Protection Agency’s (EPA) first-of-its-kind greenhouse gas regulations, dismissing out of hand a variety of challenges from industry and states. The findings uphold the agency’s rules defining limits to the emission of greenhouse gas pollution under the Clean Air Act. Specifically, the court ruled: Yes, the agency acted properly in determining that CO2 is a danger to public health; yes, it was right to use that determination to regulate vehicles; and yes, it was within its authority to determine the timing (Timing Rule) and scope (Tailoring Rule) of the regulations.
Industry will appeal to the Supreme Court, but since the Supremes ruled in 2007 that EPA had discretion to regulate greenhouse gas emissions in Massachusetts v. EPA, their chances of success are slim.