On a day in which the U.S. Supreme Court hears oral arguments on the Cross State Air Pollution Rule (CSAPR) and the D.C. Circuit Court of Appeals weighs in on the Mercury and Air Toxics (MATS) Rule, manufacturers are reminded of the wave of regulatory uncertainty that threatens to washout an emerging energy advantage in this country.
As the courts listen to legal arguments on CSPAR and MATS, the EPA is poised to publish its proposed greenhouse gas (GHG) regulation for new power plants in the federal register. Time and time again the agency elects to take the most restrictive and expensive regulatory path based on, at best, liberal interpretations of the Clean Air Act.
Pushing beyond the limits of their regulatory authority in attempts to enact the most aggressive rules possible inevitably requires intervention from the courts and leaves manufacturers in a land of perpetual regulatory uncertainty. If the courts once again agree that the EPA has exceeded its authority requiring it to start over, manufacturers are hopeful that the Administration will take a more balanced and reasonable approach.
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