Posted by Lisa Branch, lbranch@sgrlaw.com On February 24, we noted that a number of lawsuits had been filed challenging EPA’s December 2009 determination that greenhouse gases (“GHG”s) endanger human health and welfare. This year, as EPA issues additional regulations and guidance governing GHGs, more lawsuits have followed. In March of 2010, EPA reconsidered the “Johnson Memorandum” relating to when pollutants are subject to regulation, thereby triggering Clean Air Act permitting programs. In its reconsideration decision, EPA explained that Prevention of Signification Deterioration (“PSD”) permitting for pollutants such as GHGs is triggered when the control requirements of a nationwide GHG rule… Read more