article thumbnail

Supreme Court curbs EPA authority to regulate CO2 from power plants

Green Car Congress

The opinion holds that Congress did not grant EPA in Section 111(d) of the Clean Air Act the authority to devise emissions caps based on generation shifting—i.e., We also find it “highly unlikely that Congress would leave” to “agency discretion” the decision of how much coal- based generation there should be over the coming decades. …

EPA 321
article thumbnail

Federal Appeals Court vacates EPA Cross-State Air Pollution Rule

Green Car Congress

A three-judge panel of the US Court of Appeals for the District of Columbia held in a 2-1 opinion that the US Environmental Protection Agency (EPA) had overstepped its authority with the Cross-State Air Pollution Rule (CSAPR), and, as a result, vacated the regulation (USCA Case #11-1302). Earlier post.). First, the. nonattainment.

EPA 236