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Supreme Court Will Examine EPA Regulation of GHG Emissions from Industrial Facilities


Contact: Jennifer Scott (202) 249-6512  
Email: Jennifer_Scott@americanchemistry.com

Court Grants Petition for Review Filed By ACC, Other Industry Associations

WASHINGTON (October 15, 2013)The U.S. Supreme Court today agreed to review a lower court ruling that upheld the U.S. Environmental Protection Agency (EPA)’s regulation of greenhouse gas (GHG) emissions from stationary sources using the Clean Air Act’s Prevention of Significant Deterioration (PSD) program.  The American Chemistry Council (ACC) issued the following statement in response:

“We are pleased that the Supreme Court has agreed to hear our case. As our petition makes clear, EPA has no legal authority to require PSD permits based on GHG emissions from industrial facilities, as greenhouse gases are not ‘criteria pollutants’ with established National Ambient Air Quality Standards (NAAQS). We hope the Court will correct EPA’s egregious misreading of the Clean Air Act, which even the Agency concedes leads to ‘absurd results.’

“EPA’s flawed regulations would impose new requirements on potentially millions of stationary sources across the country. ACC continues to believe the PSD permitting program is not the appropriate way to address GHG emissions from industrial facilities.”

ACC was joined in its petition by associations including the American Petroleum Institute, the National Oilseed Processors Association, the National Association of Home Builders, the National Association of Manufacturers and the American Fuel & Petrochemical Manufacturers.

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