EPA Greenhouse Gas Rules Before the D.C. Circuit and the Supreme Court

摘要

On February 28 and 29, 2012, Judges Sentelle, Rogers, and Tatel of the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in four consolidated cases, Coalition for Responsible Regulation v. EPA (Nos. 09-1322, 10-1092, and 10-1073) and American Chemistry Council v. EPA (No. 10-1167), challenging four EPA rulemakings on greenhouse gas (GHG) emissions and related historical rules. The challenged GHG rulemakings follow Massachusetts v. EPA, 549 U.S. 497 (2007), in which the U.S. Supreme Court ordered EPA to determine whether GHGs may reasonably be anticipated to endanger public health or welfare under the Clean Air Act. EPA has since determined that anthropogenic emissions of GHGs significantly contribute to global climate change. On June 26, 2012, the D.C. Circuit upheld the four GHG rulemakings. Coalition for Responsible Regulation v. EPA, 684 F.3d 102 (D.C. Cir. 2012). The court's findings are shaded below with page citations. Later that year, it declined to rehear the case en banc. Coalition for Responsible Regulation v. EPA, No. 09-1322, 2012 U.S. App. LEXIS 26313 (Dec. 20, 2012). Nine petitions for certiorari were filed. On October 15, 2013, the Supreme Court granted six of the petitions, consolidating them into a single question for review.