The Court Denies a Motion, but the Battle Rages On

A federal appeals court has rejected a motion for a partial stay of the Environmental Protection Agency's (EPA) proposed greenhouse gas (GHG) regulations, clearing the way for the rules to take effect on Jan. 2.

The U.S. Court of Appeals for the District of Columbia ruled that the motions filed by coalitions of industry groups and the State of Texas failed to prove that the harm likely to be caused by the regulations is "certain," or that it will be caused directly by the regulations. API is a member of the National Association of Manufacturers (NAM) coalition, which moved for a partial stay of the regulation of GHG emissions from stationary sources.

NAM stood behind the coalition's arguments. In a statement, Quentin Riegel, NAM's vice president for litigation and deputy chief counsel, s... more »

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EPA’s GHG Refinery Guidance Comes Too Late

The Environmental Protection Agency (EPA) today took two significant steps toward its proposed greenhouse gas (GHG) regulations for stationary sources. It released guidance to help states and local permitting agencies implement controls on GHGs, and it issued "white papers" to refineries, power plants, pulp and paper mills and other industries outlining the Best Available Control Technologies (BACT) that can be used to reduce GHGs.

Starting Jan. 2, 2011, GHG emissions from certain large GHG stationary sources are subject to regulations, and they must obtain GHG permits to build new sources or to expand.

API responded quickly saying the BACT guidance comes too late for the January deadline. "The EPA is railroading job killing regulation onto states, localities and America's businesses," API... more »

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Show-Down in the Senate

There'll be a show-down in the U.S. Senate today. At issue: Whether the Environmental Protection Agency (EPA) should regulate greenhouse gas emissions (GHGs) under the Clean Air Act.

On one side of the debate is the administration, which is threatening a veto if the Senate passes a resolution of disapproval stopping the EPA's proposed regulation OF GHGS. On the other side stands Sen. Lisa Murkowski (R-Alaska) and the resolution's co-sponsors.

The two sides traded barbs Tuesday, with the administration asserting the EPA regulations would reduce the impacts of "risks associated with environmental catastrophes, like ongoing BP oil spill," and Murkowski charging that linking her resolution with the oil spill "sets a new low."

Murkowski's disapproval resolution has solid backing from business,... more »

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EPA “Power Grab”

Next Tuesday, the Senate is expected to debate and vote on Sen. Lisa Murkowski's resolution of disapproval to stop the Environmental Protection Agency (EPA) from regulating greenhouse gas emissions (GHGs) under the Clean Air Act.

API has said repeatedly that the Clean Air Act is unsuited for regulating GHGs, and despite EPA's efforts to delay the pain of implementation through its so-called "tailoring rule," the impact on the economy and jobs could be severe.

During the past several weeks, numerous trade associations, states, labor unions, and elected officials have stated their opposition to EPA's regulation of GHGs, and bills are pending in both the House and the Senate to stop or delay EPA's plans.

Just this week another bill was introduced that would go one-step farther. It would block... more »

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