D.C. Circuit Denies Rehearing on GHG Endangerment Finding

Posted Friday, December 21st, 2012

On December 20, 2012, the U.S. Court of Appeals for the D.C. Circuit denied petitions for rehearing of its June 26, 2012, decision that upheld the U.S. Environmental Protection Agency’s (EPA) greenhouse gas (GHG) endangerment finding and related mobile source regulations.  See Coalition for Responsible Regulations, Inc., et al., v. EPA, Case No. 09-1322, the lead case in the consolidated action, for the court’s original decision.  Although the denials leave in place the court’s previous ruling, two judges authored lengthy dissents.  One dissent particularly disagreed with the Supreme Court’s underlying decision in Massachusetts v. EPA, 549 U.S. 497 (2007), while the other disagreed with regulation of GHG under EPA’s Prevention of Significant Deterioration (PSD) program.  Petitioners challenging the endangerment finding and mobile source regulations have already indicated their readiness to petition the Supreme Court to review the case.

The order denying the petitions for rehearing is available here.

For further information, contact Robert Manning.


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