EPA greenhouse gas rules at stake in U.S. Supreme Court

Vol. 45 No. 4

Ann Carlson is the Shirley Shapiro Professor of Environmental Law and the co-faculty director of the Emmett Center on Climate Change and the Environment at UCLA School of Law. Megan Herzog is the Emmett/Frankel Fellow in Environmental Law and Policy at UCLA School of Law. The authors served as counsel for amici curiae South Coast Air Quality Management District and the Emmett Center on Climate Change and the Environment in support of respondents in the subject case, Utility Air Regulatory Group v. EPA.

The U.S. Supreme Court is considering an important challenge to the Environmental Protection Agency’s (EPA’s) greenhouse gas (GHG) air permitting rules under the Clean Air Act (CAA). At stake in Utility Air Regulatory Group v. EPA (one of six related cases on which the Court granted certiorari) is the validity of EPA’s rules for stationary sources of GHG emissions under the Prevention of Significant Deterioration (PSD) provisions of the CAA. The petitions challenged the D.C. Circuit’s unanimous decision upholding the rules in Coalition for Responsible Regulation v. EPA, 684 F.3d 102 (D.C. Cir. 2012).


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The Law of Adaptation to Climate Change: United States and International Aspects