EPA’s Regulation of Greenhouse Gas Still Fails on the Merits

By December 13, 2010General

The U.S. Court of Appeals for the District of Columbia Circuit on Friday rejected the motion by the National Association of Manufacturers and other industry groups for a partial stay in the Environmental Protection Agency’s implementation of greenhouse case regulations. The court’s denial of the stay is here.

As Quentin Riegel, the NAM’s vice president for litigation and deputy chief counsel said:

We will continue our efforts to stop the EPA from pursuing its job-destroying agenda. We are confident that the merits of the litigation are strong and we will move forward aggressively.

Manufacturers are disappointed in the court’s decision today to deny our motion of stay against EPA.  We continue to believe that our arguments presented a compelling case for an issuance of stay. The EPA’s agenda places unnecessary burdens on manufacturers, drives up energy costs and imposes even more uncertainty on the nation’s job creators.

This is just one step in the legal process as the court’s decision addressed only the issue of irreparable harm, not the merits of the argument. The court did accept the NAM Coalition’s recommendation for a single panel to hear the cases. Oral argument will be set for the same day for all four challenges to the EPA’s authority (endangerment, the car rule, the “subject to regulation” rule, and the tailoring rule).

The court asked the parties to propose a format for proceeding with the merits by Jan. 3, 2011, a quick date, which suggests the court recognizes the pressing nature of the industry objections.

For more background on the NAM’s challenges to the EPA, see our Manufacturing Law Center entries.

Join the discussion 2 Comments

Leave a Reply