On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency (slip opinion) where it affirmed EPA's authority to impose limits for greenhouse gas (GHG) emissions by major emissions sources that are otherwise required to have a Clean Air Act permit for conventional pollutants. At the same time, the Court rejected the Agency's assertion that it has the authority to impose GHG emission limits on facilities independent of any other obligation those facilities may have to obtain permits. Thus, EPA (and ...
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