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 Seeks Delay for New Ozone Rules

The Environmental Protection Agency (EPA) today asked the court for permission to delay completion of its new ozone standard in order to seek more information from the Clean Air Science Advisory Center (CASAC). The CASAC recommended a more stringent ozone standard than the current 0.075 parts per million (ppm) imposed during the Bush Administration. EPA has been considering a standard in the 0.060-0.070 ppm range.

In a statement, an EPA spokesman said Administrator Lisa Jackson "will ask CASAC for further interpretation of the epidemiological and clinical studies they used to make their recommendation." (The Hill, Politico)

API's Director of Regulatory and Scientific Affairs Howard Feldman was pleased with EPA's request to delay the final rule. "We hope today's decision means EPA will sim... more »

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EPA’s GHG Regulations Should Be Delayed

In mid-November, the U.S. Environmental Protection Agency (EPA) took another step toward its plan to regulate greenhouse gas (GHG) emissions from stationary sources starting Jan. 2. It issued documents, commonly known as the Best Available Control Technology (BACT) guidance, for state and local permitting programs charged with regulating GHG emissions under the Clean Air Act.

API has reviewed the BACT guidance and is calling it "inadequate."

"The EPA continues to foist job-killing rules and regulations onto states, localities and America's businesses during this particularly vulnerable time for our economy," said API's Director of Regulatory and Scientific Affairs Howard Feldman. "Despite imposing significant and unprecedented greenhouse gas permitting requirements beginning on January 2,... more »

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Don’t Force-Feed E15 into the Marketplace

Here is a prime example of what can happen when Congress and the administration tamper with the free market system to impose their will on the American public. Simply put, their meddling can create major headaches for consumers.

At issue is the government's attempt to force-feed ethanol into the nation's gasoline pool. As reported by Reuters, "cellulosic production has not grown as rapidly as Congress had hoped." As a result, the Environmental Protection Agency (EPA) is proposing to lower the cellulosic mandate by 93 to 98 percent below the 250 million gallons set by Congress for 2011.

At the same time, however, the congressional mandate is forcing the need for higher amounts of ethanol in gasoline. To respond to the mandate, EPA is promoting a new fuel - gasoline blended with 15 percent e... more »

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EPA’s Overreach

Historically, the role of the Environmental Protection Agency (EPA) has been that of a regulatory agency with the mission of enforcing federal environmental laws to protect human health. However, recently, EPA has overreached its authority--moving forward to advance policies absent congressional action that could cost millions of jobs, hurt American consumers and put U.S. businesses at a competitive disadvantage globally.

The agency's recent E15 waiver may damage vehicle engines and void warranties; its push to regulate greenhouse gas (GHG) emissions under the Clean Air Act was described by Sen. Lisa Murkowski (R-AK) as an "economic train wreck"; and EPA's approach to ozone standards could destroy U.S. jobs, raise energy costs and divert capital that could be used to assist economic recov... more »

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