Gregory E. Wannier Deputy Director As litigation against EPA challenging greenhouse gas regulations moves forward, questions remain as to what, exactly, the DC Circuit will do if it rules for the challengers on the merits of their cases. The two primary options here are: absolute vacatur (removing all force of […]
Clean Air Act
24 posts
Julia Ciardullo Fellow EPA’s efforts to regulate greenhouse gases (GHGs) under the Clean Air Act (CAA) have come under attack by some opponents of climate regulation as an “aggressive” and “unprecedented” program of rulemakings.[1] In fact, EPA issued far more regulations to implement the CAA Amendments of 1990. The attached […]
Gregory E. Wannier Deputy Director As the complex group of cases challenging EPA greenhouse gas regulations moves forward in DC Circuits, opponents of these regulations have voiced concerns that rules due to take effect in January 2011 may severely harm their economies before they have a chance to be overturned […]
Gregory E. Wannier Deputy Director The landscape of challenges to EPA’s climate change rulemakings is extremely complex. To manage the multitude of lawsuits, the U.S. Court of Appeals for the District of Columbia Circuit may consider consolidation and coordination procedures to combine more than 80 cases into a more manageable […]
Gregory E. Wannier Deputy Director and Fellow This blog previously referred to Texas’ lawsuit against the EPA asking for a stay (preliminary injunction) of four key EPA climate regulations. However, this case was in fact merely one of over 80 distinct legal challenges in the District of Columbia Circuit Court […]
Gregory E. Wannier Deputy Director and Fellow In the absence of major climate legislation in the U.S. Senate, parties in the United States seeking meaningful action on climate change mitigation have turned to the Environmental Protection Agency (EPA) for action. However, despite authorization from the Supreme Court’s seminal Massachusetts v. […]
by Jessica Wentz On July 6, 2010, the U.S. Environmental Protection Agency (EPA) proposed a Clean Air Act rulemaking to reduce sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from power plants in the eastern United States. The proposal, also known as the “Transport Rule” is intended to replace the […]
by Hannah Chang As comprehensive climate legislation stagnates in Congress, the possibility of greenhouse gas (“GHG”) regulation under the Environmental Protection Agency’s (“EPA”) existing Clean Air Act (“the Act”) authority as the sole federal means of addressing climate change becomes increasingly likely. Whether EPA has existing authority to implement a […]