High Court Hands Down Mixed Decision on EPA’s Power

The U.S. Supreme Court ruled that the Environmental Protection Agency (EPA) violated the Clean Air Act when it expanded two permitting programs to include carbon dioxide emissions, and that the EPA misinterpreted the Clean Air Act when it concluded that a source’s greenhouse gas emissions can trigger permitting requirements under the law’s Title V or Prevention of Significant Deterioration programs.  Despite this violation, the Court ruled that the EPA can continue to treat greenhouse gases as a pollutant for sources that already require a permit under the Best Available Control Technology program.  Read more here.

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