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U.S. Supreme Court Limits EPA's Greenhouse Gas Permitting Authority

In a split decision, the U.S. Supreme Court recently ruled that the U.S. Environmental Protection Agency (“EPA”) does not have authority under the federal Clean Air Act (“CAA”) to require stationary sources of air emissions to obtain major source permits based solely on emissions of greenhouse gases (“GHG”). The opinion was issued in Utility Air Regulatory Group v. EPA, 134 S.Ct. 2427 (U.S. June 23, 2014) (“UARG”), one of several similar cases consolidated for review. Justice Antonin Scalia wrote the opinion for the Court, and there were several dissents as well as concurrences.

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