As we previously reported, in May 2015 US EPA issued a direct final rule allowing for the rescission of certain preconstruction (“PSD”) permits issued by US EPA and delegating permit review authority to states under Step 2 of the Greenhouse Gas (“GHG”) Tailoring Rule. Step 2 of the Tailoring Rule set in motion PSD permitting for “GHG-only” sources, meaning sources permitted solely … Continue Reading
As we reported last summer, the US Supreme Court ruled that US EPA lacked authority to impose Prevention of Significant Deterioration (PSD) and Title V permitting requirements under the Clean Air Act (CAA) on facilities based solely on their emission of greenhouse gases (GHGs). Since that decision there have been many questions about how sources of GHG … Continue Reading
On April 19, 2013, a Texas-led state coalition filed a petition with the US Supreme Court requesting review of the D.C. Circuit’s June 26, 2012 decision upholding USEPA’s Greenhouse Gas (GHG) rules. That decision (summarized here) upheld the agency’s Endangerment Finding and Tailpipe Rule before determining that state and industry opponents lacked standing to challenge … Continue Reading
