Supreme Court Split on EPA Authority to Regulate Greenhouse Gasses

In late June, the Supreme Court issued its decision in Utility Air Regulatory Group v. EPA. This is the first time the Supreme Court has reviewed Greenhouse Gas regulation since it concluded that EPA had authority to regulate in Massachusetts v. EPA in 2007. In a split opinion, decided on ideological lines, the court concluded that EPA exceeded its statutory authority by changing the statutory thresholds for regulation, but held that it could still treat greenhouse gases as pollutants and require control technologies for certain sources of greenhouse gases.

The court ruled 5-4 that the EPA did not have the authority to interpret the Clean Air Act to require permits for the construction or rebuilding of certain stationary sources, such as refineries or manufacturing plants, based solely on the amount of carbon pollution they send into the atmosphere. However, the justices said the EPA may continue to regulate greenhouse gas emissions from industries that already must obtain permits for traditional air pollutants, such as iron or steel manufacturers, cement kilns or power plants. The court’s ruling allows EPA to continue regulating greenhouse gases under the Clean Air Act, though not from all the sources that EPA had initially proposed to regulate. NRMCA will continue to follow EPA’s proposed regulations.

For more information, contact Elizabeth Fox at efox@nrmca.org.