Our colleague Tom Wood has prepared a helpful summary of the DC Circuit opinion, released this morning, that upheld the EPA’s approach to regulating greenhouse gases under the major new source review program, the Title V program and the vehicle emission standards program.
The lawsuit had challenged three separate rulemakings: (1) EPA’s “Endangerment Finding” in which it determined that greenhouse gases may “reasonably be anticipated to endanger public health or welfare,” (2) EPA’s “Tailpipe Rule,” which set emission standards for cars and light trucks, and (3) EPA’s “Timing and Tailoring Rules” which set alternate applicability standards and phase-in provisions for regulating greenhouse gases under new source review and Title V. The DC Circuit said that EPA acted reasonably in issuing the Endangerment Finding and the Tailpipe Rule. The DC Circuit dismissed all petitions challenging the Timing and Tailoring Rules for lack of jurisdiction. The decision is a huge win for EPA.