Highlights Of The "UARG v. EPA" Decision

On Monday, the Supreme Court's decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA's authority to regulate greenhouse gases ("GHGs") under the Clean Air Act, reversing in part and affirming in part a decision by the D.C. Circuit dismissing challenges to that authority. In an opinion authored by Justice Scalia, the Supreme Court rejected EPA's determination that a source's emission of GHGs could serve as a "triggering" pollutant that would require industrial sources, like manufacturing facilities or power plants, to obtain prevention of significant deterioration ("PSD") preconstruction permits or Title V operating permits. The Court's decision did, however, uphold EPA's authority to require industrial sources that were required to obtain PSD or Title V permits by virtue of their emission of conventional pollutants—so-called "anyway" sources—to apply the best available control technology, or BACT, for the reduction of GHG emissions.