Supreme Court Will Review Whether EPA Clean Air Act Permitting Authority Extends to Greenhouse Gases
November 20, 2013

Kyle Danish, Stephen Fotis, Avi Zevin
October 23, 2013


On October 15, 2013, the U.S. Supreme Court agreed to hear challenges to a determination by the U.S. Environmental Protection Agency (EPA or the Agency) that, under the Clean Air Act, increases in emissions of greenhouse gases (GHGs) from new and modified major stationary sources triggers a requirement for those sources to obtain Prevention of Significant Deterioration (PSD) permits.  In 2012, the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) upheld this EPA determination in Coalition for Responsible Regulation v. EPA, 684 F.3d 102.  The Supreme Court has consolidated review of six separate challenges as Utility Air Regulatory Group v. EPA, and will hear one hour of oral argument in its October Term.

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