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Administrative Law Keyed to Cass
Utility Air Regulatory Group v. Environmental Protection Agency
Citation:
573 U.S. 302 (2014)Facts
In 2007, the Supreme Court held in Massachusetts v. EPA that greenhouse gases qualify as “air pollutants” under the Clean Air Act’s general definition. In response, EPA issued an Endangerment Finding concluding that greenhouse gases threaten public health and welfare, followed by regulations for motor vehicle emissions (the Tailpipe Rule). EPA then determined that once greenhouse gases became regulated under any part of the Act, the PSD and Title V permitting requirements would automatically apply to stationary sources emitting greenhouse gases above statutory thresholds (100 or 250 tons per year). Recognizing that applying these thresholds to greenhouse gases would dramatically expand the permitting programs to millions of small sources, EPA issued the Tailoring Rule, which raised the thresholds for greenhouse gases to 100,000 tons per year. Multiple states and industry groups challenged EPA’s actions, arguing that EPA lacked authority to regulate greenhouse gases under the PSD and Title V programs, and that it could not rewrite statutory thresholds through the Tailoring Rule.
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