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®: CRE Regulatory Action of the Week

Court Decides Not to Order EPA to Regulate Greenhouse Gases from Cars

On June 25, 2008, the U.S. Court of Appeals for the District of Columbia denied several partiesí petition to force the U.S. EPA to decide within 60 days whether to regulate carbon dioxide and other greenhouse gas emissions from vehicles. The petitioners included several states.

The courtís decision denying the petition left EPA free to issue a proposal that seeks public comment on a range of options the agency could take to control greenhouse gases under current law. This proposal will state no EPA position on whether carbon dioxide and other greenhouse gases should be regulated.

The courtís decision consists of a Per Curiam order from the three judge panel that only said, "It is FURTHER ORDERED that the petition be denied."

One member of the panel, Judge Tatel, wrote an actual opinion that concurred in part, and dissented in part. For the reasons stated in his opinion, Judge Tatel

"would not deny the petition, but rather would hold it in abeyance, direct the agency to file within thirty days a detailed schedule for complying with this courtís mandate, and require the agency to file progress reports every four months thereafter. ĎIn this way we c[ould] ensure future compliance with the statute without having to speculate over the possibility of further agency delays.í Ctr. for AutoSafety, 793 F.2d at 1354."

  • Click here to read courtís order