Utility Air Regulatory Group v. EPA

In 2007, the U.S. Supreme Court ruled in Massachusetts v. EPA that the Environmental Protection Agency has the authority to regulate greenhouse gas emissions if it determined that the emissions endangered public health. In 2010, the EPA introduced a new set of regulations designed to control carbon dioxide emissions from light and heavy vehicles as well as generators and industrial and utility sources. A coalition of power companies challenged the legality of the regulations by arguing that the science used by the EPA in deciding the regulations was inaccurate.{{cite news|last=Volcovici|first=Valerie|title=E.P.A. greenhouse gas rules face new legal challenges|url=http://uk.reuters.com/article/us-usa-epa-court-idUKTRE81Q1Y120120227|archive-url=https://web.archive.org/web/20160306112055/http://uk.reuters.com/article/us-usa-epa-court-idUKTRE81Q1Y120120227|url-status=dead|archive-date=March 6, 2016|access-date=19 October 2013|newspaper=Reuters|date=February 27, 2012}}

In 2012, a three-judge panel of the D.C. Circuit court unanimously rejected those challenges. In 2013, the case was accepted for review by the United States Supreme Court.

Justice Scalia authored the majority opinion, which Justices Roberts and Kennedy joined in full. The Court ruled that the EPA can regulate greenhouse emissions on power plants and other large stationary sources of pollution but that it overstepped its authority when it started to use the same regulations on smaller stationary sources like shopping centers, apartment buildings, and schools.{{cite news | url=https://online.wsj.com/articles/supreme-court-reins-in-some-of-epas-greenhouse-gas-efforts-1403534416 | title=Supreme Court Ruling Backs Most EPA Emission Controls | work=The Wall Street Journal | date=June 23, 2014 | access-date=July 1, 2014}}

In his opinion, Scalia noted that the Clean Air Act imposes specific requirements on stationary sources of pollution that have the potential to emit 250 tons per year of "any air pollutant" or 100 tons per year for certain types of sources.Utility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (slip op., at 3) Furthermore, the "any air pollutant" language in that section of the law specifically refers to regulated air pollutants, not greenhouse emissions.Utility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (slip op., at 11) When the EPA attempted to apply the same standards to any source of greenhouse emissions, the Court objected that "would radically expand those programs, making them both unadministrable and unrecognizable to the Congress that designed them."Utility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (slip op., at 7) Instead, the EPA adopted a different threshold for sources of greenhouse emissions, 100,000 tons per year. However, the Court stated, "An agency has no power to 'tailor' legislation to bureaucratic policy goals by rewriting unambiguous statutory terms."Utility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (slip op., at 21)

On the other hand, the Court ruled that the EPA could regulate the large sources of greenhouse emissions if they were already being regulated for emitting conventional pollutants.{{cite news | url=https://www.nytimes.com/2014/06/24/us/justices-with-limits-let-epa-curb-power-plant-gases.html?_r=0 | title=Justices Uphold Emission Limits on Big Industry | work=The New York Times | date=June 23, 2014 | access-date=July 1, 2014}} Scalia wrote that the "EPA may... continue to treat greenhouse gases as a 'pollutant subject to regulation'" under the provisions in the Act.Utility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (slip op., at 29)

Justice Breyer wrote a concurring/dissenting opinion, joined by Ginsburg, Sotomayor, and Kagan. Breyer argued that the EPA should have been allowed to interpret the "any air pollutant" language broadly to include greenhouse emissions as well: "I do not agree with the Court that the only way to avoid an absurd or otherwise impermissible result in these cases is to create an atextual greenhouse gas exception to the phrase 'any air pollutant.'"Utility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (Breyer, concur/dissent slip op., at 6-7)

Alito, joined by Thomas, wrote a second concurring and dissenting opinion. They argued that the EPA should not be able to regulate the larger sources of greenhouse emissions by using those regulations: "The Clean Air Act was developed for use in regulating the emission of conventional pollutants and is simply not suited for use with respect to greenhouse gases."Utility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (Alito, concur/dissent slip op., at 8) He cited two scenarios of incompatibility between greenhouses gases and normal pollutants, which eventually caused the EPA to declare that officials may disregard some provisions in the ActUtility Air Regulatory Group v. Environmental Protection Agency, 573 U. S., (Alito, concur/dissent slip op., at 5) or to give authorities "a great deal of discretion."

{{reflist}}

• {{caselaw source

| case = Utility Air Regulatory Group v. Environmental Protection Agency, {{Ussc|573|302|2014|el=no}}

| justia =https://supreme.justia.com/cases/federal/us/573/12-1146/

| oyez =https://www.oyez.org/cases/2013/12-1146

| other_source1 = Supreme Court (slip opinion) (archived)

| other_url1 =https://www.supremecourt.gov/opinions/13pdf/12-1146_4g18.pdf

}}

• [http://www.scotusblog.com/case-files/cases/utility-air-regulatory-group-v-environmental-protection-agency/ Coverage on SCOTUSblog]

{{United States environmental law}}

Category:United States Court of Appeals for the District of Columbia Circuit cases

Category:Climate change policy in the United States

Category:United States environmental case law

Category:United States Supreme Court cases

Category:United States Supreme Court cases of the Roberts Court

Category:2014 in United States case law