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Briefs Filed in Legal Challenge of EPA’s GHG Vehicle Emissions  Standards (June 3, 2011)

posted Jun 13, 2011, 10:20 AM by James Hodina
States and industry groups that have challenged EPA’s motor vehicle greenhouse gas (GHG) emissions standards filed briefs in the U.S. Circuit Court of Appeals for the District of Columbia.  In the brief filed on behalf of Alabama, Georgia, Mississippi, Nebraska, North Dakota, South Carolina, South Dakota, Texas and Virginia, Texas Attorney General Greg Abbott argues that the rule is arbitrary and capricious because EPA did not consider the compliance costs for stationary sources of GHG emissions, which, “by EPA’s interpretation of the CAA, are necessarily regulated as a result of the Tailpipe Rule.”  The Petitioners also argue that in issuing the rule EPA exceeded its statutory authority because “the Rule rests on an invalid 
endangerment determination.”  In its brief, a coalition of industry groups makes similar arguments.