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April 25, 2013
Industry Groups And Twelve States Ask Supreme Court To Limit EPA Authority Under Massachusetts v. EPA

On April 18, 2013, industry groups petitioned the U.S. Supreme Court to overturn the decision by the U.S. Court of Appeals for the District of Columbia to uphold EPA's authority to regulate greenhouse gas (GHG) emissions from stationary sources. On April 19, 2013, Texas and eleven other states petitioned the U.S. Supreme Court to limit EPA's authority under Massachusetts v. EPA. Under that 2007 decision, the Court held that EPA could regulate GHGs as air pollutants under the Clean Air Act (CAA). In the April 19, 2013, petition, the twelve states argue that the Court should clarify that its decision in Massachusetts v. EPA only allows EPA to regulate GHGs from motor vehicles since that was the subject of the case.

Both petitions would force EPA to withdraw its tailoring rule that places GHG permitting requirements on the largest stationary sources.

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