Recent Developments in Regulating Greenhouse Gas Emissions: The Supreme Court Grants EPA’s Petition for Certiorari in Transport Rule Case, and President Obama Issues Executive Directive to EPA Regarding Carbon Emissions

By Terence Healey and Sohair Aguirre

On Monday, June 24, 2013, the U.S. Supreme Court granted the petition of the U.S. Environmental Protection Agency (“EPA”) for a writ of certiorari to review the decision of the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) in EME Homer City Generation, LLP v. EPA, 696 F. 3d 7 (D.C. Cir. 2012) striking down EPA’s Cross-State Air Pollution Rule (“CSAPR” or the “Transport Rule”).  The next day, on June 25, 2013, President Obama issued a directive to EPA entitled “Presidential Memorandum – Power Sector Carbon Pollution Standards.” The Memorandum directs EPA to take actions to reduce carbon emissions from both new power plants and modified, reconstructed, and existing power plants.  read more

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