US Supreme Court Weighs Challenge to EPA’s Carbon Strategy

Overview


Jacob Hollinger said that, although Supreme Court decisions are hard to predict, a ruling on the EPA’s ability to regulate greenhouse gases may not come until spring or summer. Mr. Hollinger noted that If the court rejects the EPA’s ability to regulate greenhouse gases under its Prevention of Significant Deterioration (PSD) program but determines that other Clean Air Act programs are acceptable, environmentalists will need to wait for regulation under the NSPS program, which is designed for broad economic categories such as “refining” or “power plants,” rather than individual facilities.