Federalist Society Teleforum Conference Call
Robert R. Gasaway
On Monday, February 24, the Supreme Court will hear oral arguments in the highly anticipated greenhouse gas case, Utility Air Regulatory Group v. Environmental Protection Agency. The issue at hand is whether the EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. In adopting the regulations now before the Court, the EPA construed specialized provisions of the Clean Air Act designed primarily to regulate a limited number of air pollutants for which the EPA has established “National Ambient Air Quality Standards” to apply to any airborne compound regulated under any provision of the Clean Air Act, including carbon dioxide and other greenhouse gases. To avoid the costs and administrative burdens that would otherwise result from this interpretation, the EPA purported to alter specific numerical permitting thresholds that Congress had written into the Clean Air Act. Additionally, the EPA claimed the power to make further alterations to these thresholds on an ongoing basis. Join us as our expert offers a summary and his impressions of the oral arguments.
- Robert R. Gasaway, Partner, Kirkland & Ellis LLP
Call begins at 2:00 p.m. Eastern Time.
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