Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation v. EPA

The Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation (Group) filed a petition seeking Supreme Court review of the D.C. Circuit’s decision on remand from the Supreme Court’s decision in Utility Air Regulatory Group v. EPA. In April 2015, the D.C. Circuit issued an order governing further proceedings in which it accepted EPA’s view that UARG v. EPA did not require EPA to start from scratch to establish a greenhouse gas permitting regime for stationary sources. The D.C. Circuit said that EPA should rescind its regulations requiring Prevention of Significant Deterioration (PSD) or Title V permits solely based on a source’s greenhouse gas emissions and that the agency should “consider whether any further revisions to its regulations are appropriate in light of UARG v. EPA.” In its petition for a writ of certiorari, the Energy-Intensive Manufacturers Working Group argued that EPA should be required to conduct new rulemaking if it wants to regulate greenhouse emissions from “anyway” sources (i.e., sources that meet PSD and Title V emissions thresholds for other air pollutants) and that the D.C. Circuit should have vacated the existing regulations.