D.C. Circuit Denies Final State Challenges To EPA's GHG Permitting FIPs

摘要

A key appellate court is rejecting state and industry efforts to re-litigate their challenges to EPA takeovers of state greenhouse gas (GHG) permitting programs, rejecting without comment their claim that the program is unlawful until officials set new de minimis thresholds - though the decision may be moot as the agency is setting such a threshold. In a May 4 per curiam order in State of Texas, et al. v, EPA, a panel of the U.S. Court of Appeals for the District of Columbia Circuit denied a petition for rehearing filed by Texas, Wyoming and industry groups that charge that EPA's federal implementation plan (FIP), that temporarily preempted the states' GHG permitting programs, was unlawful.