Fed Update from NAM -- Supreme Court agrees to review NAM’s Greenhouse Gas case

By CMTA Staff

Capitol Update, Oct. 17, 2013

This week, the U.S. Supreme Court agreed to hear the National Association of Manufacturers' (NAM) case challenging the Environmental Protection Agency’s (EPA) first-ever greenhouse gas (GHG) permitting regulation for stationary sources. Although the Court declined to review certain aspects of the EPA’s suite of rulemakings addressing GHG emissions, it decided to focus on the critical issue of whether the EPA may require additional permitting and operational changes at stationary sources to account for GHG emissions. Its efforts to do so are the most sweeping expansion of authority in its history, extending its reach to potentially millions of industrial, commercial and residential facilities across the country, at costs estimated to run into the tens of billions of dollars per year.

“Manufacturers are pleased with the Supreme Court’s decision to review the EPA’s greenhouse gas regulations from stationary sources—one of the most costly, complex and harmful regulatory issues facing manufacturers and threatening our global competitiveness,” said NAM President and CEO Jay Timmons in NAM’s press statement. “Without congressional engagement or approval, and through a severely flawed interpretation of the Clean Air Act, the EPA has invented an unauthorized regulatory universe that the agency itself admits leads to ‘absurd results.’”

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