EPA Raises Standing, Defends ‘Fenceline’ Approach In High Court GHG Case

January 19, 2022
EPA in a high-profile Supreme Court case is arguing that Republican states and coal producers lack standing to bring their suit over the scope of agency’s greenhouse gas regulatory authority because they are not facing any immediate injury, while also asserting that the Trump administration took an “erroneous” view of the Clean Air Act. At issue is whether GHG limits for existing power plants can be based on actions taken “beyond the fence” of regulated sources, with opponents charging that...

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