Rules Implementing PSD Permitting Requirements for Greenhouse Gases Upheld

摘要

In a July 26, 2013 decision, the DC Circuit Court upheld EPA rules establishing authority to issue PSD permits to sources of greenhouse gas emissions (Texas v. EPA, No. 10-1425 [D.C. Cir. July 26, 2013]). In the case, Texas, Wyoming, and industry groups petitioned for review of five EPA rulemakings intended to ensure that a permitting authority existed to issue PSD permits to sources of greenhouse gas emissions. In the decision, the court determined that the contested rulemakings allowed issuance of permits required by the CAA, and rather than causing harm to the petitioners, the rules alleviated potential injury.