Greenhouse Gas Regs Challenged Today in US Supreme Court
The US Supreme Court extended from the normal 60 minutes hearing time to 90 minutes to permit all the parties to argue today about whether the Environmental Protection Agency (EPA) overstepped when expanding the Clean Air Act to apply to greenhouse gases. http://www.reuters.com/article/2014/02/24/us-usa-court-climate-idUSBREA1N06Q20140224
A US Federal Appeals Court for the DC Circuit approved in June 2012 of the new EPA regulations that require every new facility to obtain environmental construction permits if the planned facility would emit any pollutants whatsoever. The EPA calls its program the Prevention of Serious Deterioration (PSD) regulations. http://www.epa.gov/NSR/psd.html
Since establishment of the PSD program, 335 facilities have applied for new construction permits, certifying that the facilities use the best known technology available for limiting pollutants covered in the regulations. One utility company and 16 states will argue in support of the PSD rules, while manufacturing groups oppose them. Although nuances for arguments on each side vary, the gist of regulation supporters is that momentum for stricter controls must be continued to address rising environmental degradation issues. Opponents argue the EPA has no authority without Congressional action to expand federal laws that directly impose economic burdens on businesses seeking to build new facilities.
Analysts at http://HamiltonFinanceServices.com expect no real change in EPA programs regardless of how the court rules on Utility Air Regulatory Group v. EPA, U.S. Supreme Court, No. 12-1146. http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs-v3/12-1146_pet_state.authcheckdam.pdf
A ruling will be announced by the end of June 2014. However, a defeat for the Obama administration on this centerpiece administrative law could undermine political momentum and add to a growing list of failed Obama programs.
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