Thursday, July 10, 2008

Massachusetts v. EPA - Supreme Court Ruling

"In response to the U.S. Supreme Court's ruling last year in Massachusetts v. EPA, the Environmental Protection Agency (EPA) is on the verge of issuing an Advanced Notice of Proposed Rulemaking (ANPR) regarding regulating Greenhouse Gas (GHG) emissions under the Clean Air Act (CAA). EPA will need either to make an endangerment finding or explain why there is sufficient scientific uncertainty that it cannot make a reasoned judgment on this issue. EPA also intends to examine how regulation under one part of the CAA might lead to regulation of GHG emissions under other sections of the Act. Finally, EPA intends to respond to petitions and comments it has received requesting that GHG emissions be regulated under other sections of the CAA, such as in pre-construction permits or under the New Source Performance Standards."

By: Amy.Edwards@hklaw.com

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