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Debrief of the Supreme Court's UARG v. EPA Opinion on EPA's GHG Rulemakings

June 24, 2014

Co-sponsored by the ABA Section of Environment, Energy, and Resources and the D.C. Bar Environment, Energy, and Natural Resources Section


After the U.S. Court of Appeals for the District of Columbia Circuit upheld the Environmental Protection Agency’s greenhouse gas rulemakings (Coalition for Responsible Regulation v. EPA, 684 F.3d 102 (D.C. Cir. 2012)), several states and industry groups appealed to the Supreme Court. Although the petitioners raised several arguments, the Supreme Court granted certiorari solely on a question it formulated: “[w]hether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases” (Utility Air Regulatory Grp. v. EPA, U.S., No. 12-1146).

The Supreme Court recently released its opinion in Utility Air Regulatory Grp. v. EPA, the first time the Court has visited EPA’s authority to regulate greenhouse gases under the Clean Air Act since the landmark decision Massachusetts v. EPA. Participants learned about the potential legal and practical implications of the opinion. Distinguished panelists, who each participated in the pertinent rulemakings and/or the litigation, dissected the ruling and discussed potential outcomes for ongoing climate change rulemakings, environmental and energy policy, and clients moving forward.

Panelists:
Roger Martella, Jr., Partner, Sidley Austin LLP (moderator)
Lisa Heinzerling, Professor of Law, Georgetown Law
Benjamin Longstreth, Senior Attorney, Natural Resources Defense Council
Thomas A. Lorenzen, Partner, Dorsey & Whitney LLP

Materials:
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Files Available to ELI Associates:
  • An Mp3 recording of the teleconference


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