1 December 2012
Federal courts have issued opinions that have assisted certain industries and business groups that are opposed to the courts stepping in to address climate change and greenhouse gas emissions. These cases have taken quite a bit of steam out of the individuals or entities that want to address climate change through the courts. However, another federal court decision opened the door to the U.S. Environmental Protection Agency’s (EPA) regulation of greenhouse gases under the federal Clean Air Act (CAA). This case has in general freed the EPA to issue regulation under what is known as the Prevention of Significant Deterioration program of the CAA.