Federal appeals court denies states' suit against EPA

US Court of Appeals for the District of Columbia EPA GHG Texas WyomingSIP FIP Utility Air Regulatory Group

A three-judge panel of the U.S. Court of Appeals for the District of Columbia denied legal challenges by two states against the U.S. Environmental Protection Agency’s greenhouse gas (GHG) regulations.

The panel voted 2-1 on July 26 that Texas and Wyoming did not have standing to sue. In the opinion, the judges wrote that EPA did not have the authority to disapprove the State Implementation Plans (SIPs) in either state or issue Federal Implementation Plans until three years had passed. Under that rule, states without automatically updating SIPs have three years to revise their plans to cover GHGs, and they have legal authority to issue valid permits under existing SIPs.

The judges also rejected similar claims made by the Utility Air Regulatory Group.

To read the ruling against the states, click here.

To read the opinion against the industry group, click here.

Read more emissions regulation news

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