Yesterday, the D.C. Circuit Court of Appeals upheld USEPA’s green house gas (GHG) regulations and its endangerment finding that supported the GHG regulations. The Court dismissed industry arguments that challenged the science supporting the regulations. As a result, many industries, including some oil and gas midstream facilities, will be required to comply with GHG permitting requirements in order to locate and construct new or modified facilities that emit significant amounts of GHG. As part of the permitting process, each facility will need to identify and install the Best Available Control Technology (BACT) for its emission units to limit GHG emissions. The opinion can be found here.
