EPA GHG Rule Critics Target Tailoring' Permit Program In High Court Suit

摘要

Critics of EPA's greenhouse gas (GHG) "tailoring" permit program are using new Supreme Court briefs to broadly criticize the program and the agency's rationale for it, even though the high court case at issue focuses narrowly on whether EPA was right to conclude that its vehicle GHG rule triggered a duty to regulate stationary sources. The new briefs show a fresh attempt by states, industry and other opponents of the tailoring rule to secure a ruling scrapping the tailoring rule that underpins stationary source GHG program. If the court broadens its review of the case, it could raise questions over the fate of the agency's ability to add flexibility to the rules - for example the court could hold that stationary source GHGs must be regulated at their strict statutory thresholds.