D.C. Circuit has upheld EPA’s greenhouse gas rules

This update briefly summarizes the D.C. Circuit’s per curiam decision upholding EPA’s endangerment finding and several greenhouse gas (GHG) emission rules under the Clean Air Act (CAA). Coalition for Responsible Regulation, Inc. et al. v. EPA, Nos. 09-1322, 10-1073, 10-1092, 10-1167 (D.C. Cir. June 26, 2012). The decision endorses EPA’s current regulation of GHGs, and paves the way for future GHG rulemaking. This update also addresses the implication of the D.C. Circuit’s decision, including its implications for state implementation of GHG programs and EPA’s potential use of the absurd consequences, administrative necessity, and one-step-at-a-time doctrines to inject flexibility into CAA or other environmental statutory requirements.

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