Coalition for Responsible Regulation, Inc. v. EPA, No. 09-1322 (D.C. Cir. 2012)Annotate this Case
Following the Supreme Court's decision in Massachusetts v. EPA, the EPA promulgated a series of greenhouse gas-related rules: (1) an Endangerment Finding, in which the EPA determined that greenhouse gases may "reasonably be anticipated to endanger public health or welfare"; (2) the Tailpipe Rule, which set emission standards for cars and light trucks; and (3) the Timing and Tailoring Rules, in which the EPA determined that only the largest stationary sources would initially be subject to the requirements for major stationary sources of greenhouse gases to obtain construction and operating permits. Petitioners, various states and industry groups, challenged all these rules. The D.C. Circuit Court of Appeals dismissed for lack of jurisdiction all petitions for review of the Timing and Tailoring Rules and denied the remainder of the petitions, holding (1) the Endangerment Finding and Tailpipe Rule are neither arbitrary nor capricious; (2) EPA's interpretation of the governing Clean Air Act provisions is unambiguously correct; and (3) no Petitioner has standing to challenge the Timing and Tailoring Rules.
The court issued a Revised version of this opinion on December 20, 2012.