Last week, a three-judge panel of the federal District Court of Appeals for the D.C. Circuit heard two days of oral arguments in the lawsuit challenging the Environmental Protection Agency’s regulation of greenhouse gas emissions using the Clean Air Act. The consolidated suit, Coalition for Responsible Regulation vs. EPA, challenges the EPA’s 2009 Endangerment Finding (EF) that greenhouse gas emissions “endanger human health and welfare,” the automobile tailpipe emissions rule, and the “tailoring rule” that exempts smaller stationary emissions sources from being regulated — in contradiction of the explicit language in the 1970 Clean Air Act.
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