UTILITY AIR REGULATORY GROUP v. EPA
After the 2007 Supreme Court decision in Massachusetts v. EPA that determined that air pollution was subject to Environmental Protection Agency (EPA) regulation under the Clean Air Act, the EPA set out a series of standards governing greenhouse gas emissions. One of these benchmarks set emission standards for vehicles, while another one required stationary sources of greenhouse gases to obtain constructing and operating permits from the EPA. The petitioners, who include various state and industry groups, challenged these rules on the grounds that they were based on an improper construction of the Clean Air Act and are arbitrary and capricious because they are based on an inadequate scientific record. The U.S. Court of Appeals for the Federal Circuit dismissed the challenges.
Did the EPA permissibly determine that its regulation of greenhouse gas emissions from new motor vehicles under the Clean Air Act also triggered permit requirements for stationary sources of greenhouse gas emissions?