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Keywords

precedentregulationclean air act
litigationprecedentregulationclean air act

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Utility Air Regulatory Group v. EPA

Facts

In 2007, the Supreme Court held that Title II of the Clean Air Act authorized the EPA to regulate greenhouse gas emissions from new motor vehicles. Following this, the EPA determined that its regulations would trigger permitting requirements for stationary sources emitting greenhouse gases. The EPA's interpretation led to concerns about an unprecedented expansion of its authority, affecting numerous small sources not previously regulated under the Act.

In 2007, the Supreme Court held that Title II of the Clean Air Act authorized the EPA to regulate greenhouse gas emissions from new motor vehicles. Following this, the EPA determined that its regulations would trigger permitting requirements for stationary sources emitting greenhouse gases. The EPA's interpretation led to concerns about an unprecedented expansion of its authority, affecting numerous small sources not previously regulated under the Act.

Issue

Whether the EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements for stationary sources that emitted greenhouse gases.

Whether the EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements for stationary sources that emitted greenhouse gases.

Rule

The Clean Air Act regulates pollution-generating emissions from both stationary and moving sources, and the PSD provisions apply to sources located in areas designated as attainment or unclassifiable for any NAAQS pollutant, regardless of whether the source emits that specific pollutant.

The Clean Air Act regulates pollution-generating emissions from both stationary sources, such as factories and powerplants, and moving sources, such as cars, trucks, and aircraft. This litigation concerns permitting obligations imposed on stationary sources under Titles I and V of the Act.

Analysis

The Supreme Court found that while the EPA's interpretation of the Clean Air Act to require best available control technology (BACT) for greenhouse gases emitted by sources subject to PSD review was reasonable, the interpretation that a source could be required to obtain a permit solely based on its potential greenhouse-gas emissions was not supported by the Act.

The Supreme Court found that while the EPA's interpretation of the Clean Air Act to require best available control technology (BACT) for greenhouse gases emitted by sources subject to PSD review was reasonable, the interpretation that a source could be required to obtain a permit solely based on its potential greenhouse-gas emissions was not supported by the Act.

Conclusion

The judgment of the District of Columbia Circuit was affirmed as to the BACT requirement for 'anyway' sources and was reversed as to the requirement of permitting based solely on greenhouse-gas emissions.

The judgment of the District of Columbia Circuit was affirmed as to the BACT requirement for 'anyway' sources and was reversed as to the requirement of permitting based solely on greenhouse-gas emissions.

Who won?

The Environmental Protection Agency (EPA) prevailed in part, as the Court upheld the requirement for BACT for sources already subject to PSD review due to conventional pollutants.

The Environmental Protection Agency (EPA) prevailed in part, as the Court upheld the requirement for BACT for sources already subject to PSD review due to conventional pollutants.

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