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Court upholds EPA’s authority to cap greenhouse gases

A NASA image shows a layer of air pollution over New York.

Federal circuit appeals court rejects industry challenges

By Summit Voice

SUMMIT COUNTY —The EPA will be able to move ahead with setting limits on greenhouse gases after the federal appeals court for the District of Columbia last week rejected a legal challenge from industry and a handful of states.

Pending a possible appeal to the U.S. Supreme Court, the EPA can continue to gradually reign in pollution from industry, cars, trucks and power plants that’s a clear threat to health and human safety, according to the agency’s original endangerment finding that set the stage for greenhouse gas regulation.

The court ruled that the EPA used the best available science to act under its congressionally established mandate to protect the environment. Continue reading

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Court rejects early challenge to EPA greenhouse gas regs

The way it works - greenhouse gases trap part of the sun's heat in the lower atmosphere.

Power plants, factories and refineries will have to get permits for emissions starting next month

By Summit Voice

SUMMIT COUNTY — The EPA will continue to move ahead with plans to regulate greenhouse gas emissions after a federal court in in the District of Columbia rejected an early industry challenge to the agency’s authority. Along with other groups, the U.S. Chamber of Commerce filed a lawsuit against the EPA in August 2010.

But last week (Dec. 10), The U.S. Circuit Court of Appeals for the District of Columbia rejected a motion to stay the rules, saying the legal challenge failed to meet the “stringent standards” needed to block the rules while the lawsuits proceed. Under the federal Administrative Procedures Act, federal agencies have a lot of leeway for their actions. Challenges often must show that an agency or official has acted arbitrarily or capriciously. Continue reading

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