Supreme Court Grants Certiorari in Clean Air Act Case


On October 15, the Supreme Court agreed to hear a challenge to the EPA’s implementation of greenhouse gas regulations under the Clean Air Act. As discussed in a previous blog post, multiple petitions for certiorari were filed seeking review of Coalition for Responsible Regulation (“CRR”) v. EPA, 684 F.3d 102 (D.C. Cir. 2012) (per curiam).

The Court has granted six of these petitions, consolidating them and allowing a total of one hour of oral argument. (The Court denied three other petitions arising from the same case.)

Review is limited to the following question:

“Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases.”

The Supreme Court’s consideration of CRR is a notable development because it will allow the Court its first opportunity to examine the EPA’s actions regulating greenhouse gases under the Clean Air Act in the wake of Massachusetts v. EPA. Moreover, a decision reversing the D.C. Circuit’s decision could have significant deregulatory effects by eliminating consideration of greenhouse gas emissions for some or all major sources in the Clean Air Act’s prevention of significant deterioration program.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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