Part two of a series.
On June 26, 2012, a three judge panel of the DC Court of Appeals ruled against 26 legal petitions by states and industry groups that had sought to overturn the Environmental Protection Agency’s (EPA’s) greenhouse gas (GHG) regulations. The Court’s Opinion (hereafter “the Opinion”) found that “the Endangerment Finding is consistent with the Massachusetts v. EPA and the text and structure of the CAA, and is adequately supported by the administrative record. [emphasis original]”
The Opinion focused on three main arguments made by the petitioners. The first, discussed below, was that the EPA erred when it found that GHGs were a “reasonable threat to public health and welfare” as defined by the Clean Air Act (CAA in quotes from the Opinion). In the Opinion, the appeals court found that the EPA had correctly interpreted the Clean Air Act, Continue reading