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Supreme Court Issues Ruling on EPA Climate Authority

Jun 26, 2014

This week, the Supreme Court issued a decision that imposes some limits on EPA’s authority to regulate greenhouse gas emissions. The 5-4 ruling allows the agency to continue regulating emissions from industries that already face restrictions on other pollutants, but ruled that it exceeded its authority under the Clean Air Act to require permits for the construction or rebuilding of other sources based solely on their carbon emissions.

While many industry groups applaud the ruling that narrows EPA authority, some environmental groups also were pleased that the court’s ruling insulates EPA’s recent climate change regulations from fundamental legal scrutiny.

The court imposed new limits on the EPA’s authority to regulate greenhouse gases, but the justices said the EPA may continue to regulate greenhouse gas emissions from industries that already must obtain permits for so-called “traditional” air pollutants, such as sulfur dioxide.