CUEL Blog Predicts Accurately Supremes 5-4 decision in Greenhouse Gas case.

By Prof. Alan Ramo

The US Supreme Court in an opinion today reversed in part US EPA’s greenhouse gas PSD program for greenhouse gases.  While the press and many environmentalists may bemoan the decision, on March 6, 2014, in our blog we predicted the result and argued that in fact, such a decision would be good for environmentalists because US EPA went too far in going beyond its authority and it is important that EPA stick to its statutory authority.  As we said, “We are betting in this blog that the Supreme Court will find that the EPA has authority to regulate CO2 within the PSD permitting program, but may restrict EPA’s regulation of CO2 to major stationary sources already regulated under the PSD program.”

We noted that practically this result will still allow the regulation of most of the sources of greenhouse gases, as they are already in the PSD program for other reasons and the court today affirmed their regulation for greenhouse gases.  Congratulations to our blogger, Joseph Lounsbury, for his analysis.

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