D.C. Circuit clears path for GHG rules, but politics remain

Vol. 44 No. 2

Michael B. Gerrard is Andrew Sabin Professor of Professional Practice and director of the Center for Climate Change Law at Columbia Law School, and senior counsel to Arnold & Porter LLP.

What may have been the most important environmental decision of 2012 dismissed numerous challenges to the rules issued by the U.S. Environmental Protection Agency (EPA) to control emissions of greenhouse gases (GHGs). While further legal battles are looming, the most serious remaining threats to EPA’s program to regulate GHGs are in the political sphere.

This article describes the D.C. Circuit’s ruling in Coalition for Responsible Regulation, Inc. v. EPA, 684 F.3d 102 (D.C. Cir. 2012) (per curiam), forecasts EPA’s next moves, and describes the battles still ahead for EPA.

Premium Content for:

  • ABA Section of Environment, Energy, and Resources Members
Join Now

Already a member? Log In


  • About Trends

  • More Information

  • Contact Us

The Clean Air Act Handbook, Fourth Edition