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Sep 5, 2013

States and Electric Utilities Challenge to EPA Greenhouse Gas Permitting Rules Fail

A federal appeals court in the D.C. Circuit dismissed pending lawsuits from states and electric utilities that challenged Environmental Protection Agency (EPA) orders requiring states to update their air pollution plans to address greenhouse gases.  “Neither the states’ briefs nor their counsel . . . identified a concrete redressable injury or explained how the states had Article III standing to challenge the rules,” Judge Judith W. Rogers stated. At issue was a series of December 2010 EPA findings that states, such as Texas and Wyoming, must revise their state implementation plans to address greenhouse gas emissions by January 2011.  In order… Read more