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Court: EPA's 2011 greenhouse gas rules still a go


Today a federal appeals court ruled against the state and industry challengers that were trying to stop the Environmental Protection Agency’s new climate regulations from kicking in next month. Challengers say allowing the new greenhouse gas rules to start in January will lead to severe economic hardships.

From Politico:

“State and industry challengers opposing the Environmental Protection Agency’s climate regulations had asked the U.S. Circuit Court of Appeals for the District of Columbia to halt the rules while the massive court battle plays out, but the court wasn’t convinced.

A host of states, industry groups and free-market groups are suing EPA over its regulations aimed at curbing greenhouse gases from automobiles and large industrial sources like power plants and oil refineries, as well as the so-called endangerment finding underpinning the rules.”

Perspectives from opposing sides:

  • David Doniger, a Natural Resources Defense Council attorney representing environmental groups in the case, said the decision is a sign that the “industry and state case against the regulations is pretty flimsy.”
  • Patrick Day, an attorney at Holland & Hart representing industry opposing EPA, said it isn’t appropriate to read anything into the merits of the case. “The order doesn’t address the merits argument at all,” he said.

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