SCOTUS Revisits EPA Regulation of CO2

On October 15, 2013, the US Supreme Court (SCOTUS) granted 'Certiorari' to Petitioners who have been suing the EPA over regulations to control CO2.  In 2007, SCOTUS had ruled that CO2 may be considered a pollutant under the Clean Air Act (CAA), provided EPA could demonstrate that continued emission of CO2 would harm 'human health and welfare.'  In 2009, EPA published the required Endangerment Finding, which was subsequently attacked on scientific grounds by a collection of plaintiffs.  [Full disclosure: SEPP is one of the many plaintiffs involved in this lawsuit.] However, in June 2012, the Court of Appeals for the DC Circuit ruled against plaintiffs, giving deference on the science to EPA.  EPA had proceeded to institute emission limits for motor vehicles, essentially by setting mileage standards.  EPA is now arguing that, having successfully set CO2 limits for motor vehicles in May 2010, the CAA requires that emission limits be set on all other emitters of...(Read Full Article)

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