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Industry Groups Petition Supreme Court to Hear Challenge to EPA's Interpretation of Clean Air Act


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

WASHINGTON (April 18, 2013)Today the American Chemistry Council (ACC) joined with other industry associations to file a joint petition seeking U.S. Supreme Court review of a lower court ruling that endorsed the U.S. Environmental Protection Agency’s (EPA) effort to rewrite provisions of the Clean Air Act so that it could regulate greenhouse gas (GHG) emissions from stationary sources using the Prevention of Significant Deterioration (PSD) program. On December 20, 2012, the U.S. Court of Appeals for the District of Columbia Circuit, with two Judges dissenting, denied our request to rehear en banc a three judge panel decision upholding EPA’s interpretation.

ACC issued the following statement:

“We hope the Supreme Court recognizes the critical importance of the issue we are presenting and agrees to hear our challenge to EPA’s regulations. Quite simply, the rules are fundamentally flawed, as they are based on EPA’s attempt to use the Clean Air Act’s PSD program to regulate greenhouse gases at industrial facilities despite the fact that GHGs are not criteria pollutants with established National Ambient Air Quality Standards (NAAQS).
 
“We are encouraged that D.C. Circuit Court Judges Brett Kavanaugh and Janice Rogers Brown found merit in our legal arguments and would have granted a rehearing en banc. Judge Kavanaugh’s strong dissent noted the ‘glaring problem’ with EPA’s interpretation of the law. Like ACC, he believes that in the context of the PSD program, ‘any air pollutant’ properly refers only to the six NAAQS pollutants; to interpret it to include GHGs leads to what the EPA has conceded are ‘absurd results.’
 
“EPA’s ill-founded regulations represent a sweeping expansion of its regulatory power under the Clean Air Act and would impose new requirements on potentially millions of stationary sources across the country. ACC continues to believe the PSD permitting program is not the appropriate way to address GHG emissions from industrial facilities.”
 
ACC is joined in its petition by associations including the American Petroleum Institute, the National Oilseed Processors Association, the National Association of Home Builders, the National Association of Manufacturers and the American Fuel & Petrochemical Manufacturers.

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