The Washington Supreme Court concluded that the Washington Clean Air Act did not grant the Department of Ecology authority to regulate indirect greenhouse gas emissions of businesses and utilities whose products ultimately generate such emissions. The court therefore invalidated regulations promulgated by Ecology to the extent the rules regulated “nonemitters” (i.e., petroleum product producers and importers and natural gas distributors) but allowed the regulations’ continued application to “actual emitters.” Ecology projected that the emissions from combustion of products sold by these “nonemitters” or “indirect emitters” accounted for approximately 74% of the emissions covered by the regulations.

Challenge by business and trade groups to greenhouse gas regulations adopted by the Washington Department of Ecology.

Association of Washington Business v. Washington State Department of Ecology

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Washington Supreme Court Invalidated Regulation of Indirect Greenhouse Gas Emissions

Filed

United States of America

Washington

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