Federal Court Upholds EPA Authority on Greenhouse Gas Regulation

Plantiffs challenged the agency’s authority and the science upon which regulations were based


The U.S. District Court of Appeals in Washington, DC, last week upheld EPA’s 2009 “endangerment finding,” the basis for the agency’s action on regulating greenhouse gas emissions, saying the finding is “neither arbitrary or capricious.”

“EPA’s interpretation of the Clean Air Act is unambiguously correct,” the court said in ruling the plaintiffs had no standing to challenge the agency’s authority.

The original court action challenged not only the agency’s authority but the science upon which EPA moved to regulate greenhouse gas emissions as part of its climate change initiative.

Democrats unanimously praised the ruling, which experts say leaves little room for a Supreme Court review, but said they fully expect House Republicans to bring amendments forth to reverse the court’s decision.