Law360

Law360, New York (March 21, 2012, 1:11 PM ET) -- The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) heard arguments in late February 2012 on judicial review of the U.S. Environmental Protection Agency’s (EPA) greenhouse gas (GHG) regulatory program.

In the case, Coalition for Responsible Regulation v. EPA, the petitioners — a coalition of oil and gas, manufacturing, construction and other industry groups and states — are challenging the EPA’s authority under the Clean Air Act to regulate GHG emissions under four rules:

  1. The "endangerment finding";
  2. The "tailpipe rule";
  3. The application of GHG permitting requirements to the existing federal Prevention of Significant Deterioration (PSD) program, referred to as the "grounds arising after" case; and
  4. "Tailoring" and "timing" rules.

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