Court refuses to block EPA's GHG regulation

Dec. 27, 2010
A federal appeals court rejected a request by the oil and gas industry and others to delay the US Environmental Protection Agency's plans to begin regulating greenhouse gas emissions on Jan. 2.

Nick Snow
Washington Editor

A federal appeals court rejected a request by the oil and gas industry and others to delay the US Environmental Protection Agency's plans to begin regulating greenhouse gas emissions on Jan. 2.

The request did not meet "stringent standards required for a stay pending court review," the appellate court for the District of Columbia circuit ruled on Dec. 10.

The National Petrochemical & Refiners Association was among business groups that had filed a motion for a partial stay of EPA's greenhouse gas regulations.

Charles T. Drevna, NPRA president, said, "Today's action means that EPA's invasive and misguided regulations will be imposed on our nation's businesses and manufacturers at the beginning of 2011."

Quentin Riegel, vice-president of litigation and general counsel at the National Association of Manufacturers, added, "EPA's agenda places unnecessary burdens on manufacturers, drives up energy costs, and imposes even more uncertainty on the nation's job creators. We will continue our efforts to stop the EPA from pursuing its job-destroying agenda."

Environmental organizations were elated. "This is a victory for every American who wants better gas mileage and cleaner cars," said David Doniger, policy director at the Natural Resources Defense Council's climate center.

Responding to an OGJ inquiry, EPA said in a Dec. 13 statement that the court's ruling confirmed what the agency "has been saying all along: that [EPA's] reasonable actions to address carbon pollution will unfold in a manageable and sensible way." EPA added, "Yet again, the doomsday predictions of special interest lobbyists have been proven wrong."

The groups filed their motion in August to prevent EPA's implementation of its June 3 Prevention of Significant Determination and Title V Greenhouse Gas Tailoring Rule, which would begin federal GHG emissions regulation by targeting refineries, chemical plants, and other large industries.

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