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ACC's Legal Argument Gets Careful Hearing By Supreme Court In Greenhouse Gas Case


Contact: Jennifer Scott (202) 249- 6512  
Email: jennifer_scott@americanchemistry.com

WASHINGTON (February 25, 2014)The American Chemistry Council (ACC) issued the following statement in response to oral argument before the U.S. Supreme Court concerning the U.S. Environmental Protection Agency (EPA)’s regulation of greenhouse gas (GHG) emissions from stationary sources using the Clean Air Act’s Prevention of Significant Deterioration (PSD) program:

“We are pleased that ACC’s interpretation of the Clean Air Act appeared to resonate with several members of the Court. The justices paid careful attention to our legal argument that only those facilities emitting above threshold amounts of a National Ambient Air Quality Standard (NAAQS) pollutant would trigger PSD permitting requirements, and once triggered, would subject emissions, including GHGs, to control requirements.

“We agree with D.C. Circuit Court Judge Brett Kavanagh, who has called EPA’s interpretation of the Clean Air Act ‘a glaring problem.’ We hope the Court will correct EPA’s egregious misreading of the law when it issues its ruling, expected by June 2014. 

“ACC’s approach may be the least disruptive to EPA’s established regulatory programs, and we hope it is the compromise position that brings the justices together.”

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