SLF's executive director and chief legal counsel, Shannon Goessling, assesses the long-term impact of the Supreme Court striking down the EPA re-write of the Clean Air Act - not the "victory" claimed by EPA and environmentalists, but a victory saving millions of Americans from greenhouse gas permitting by the EPA, July 6, 2014
June 23, 2014 - Supreme Court holds EPA "overreach, violates separation of powers" in five-year climate change case...!
The Supreme Court of the United States today held that the Obama Administration's EPA overstepped its authority by rewriting the Clean Air Act to fit its regulatory scheme on greenhouse gas emissions. The Court struck down the agency's broad assertion of power and held that the EPA must have Congressional authorization to rewrite the Clean Air Act.
Oct. 15, 2013 - The Supreme Court of the United States granted certiorari to Southeastern Legal Foundation's case challenging the Obama administration's Environmental Protection Agency greenhouse gas regulations, the so-called "climate change" rules. The high court's decision to hear the case signals the critical importance of this matter. The court will hear arguments in February 2014.
June 13, 2013 Atlanta Journal-Constitution columnist Kyle Wingfield points to recent mainstream media coverage about the unexplained gaps in scientific evidence about man-made global warming to call on climate alarmists to come to the table for a "rational debate" about appropriate policies on greenhouse gas emissions and energy policy - click here for article
SLF submits formal comments in a blockbuster U.S. Environmental Protection Agency (EPA) rules docket that proposes radical changes to 36 states' State Implementation Rules (SIPs) governing National Ambient Air Quality Standards (NAAQS) under the Clean Air Act:
- EPA has not demonstrated that SIPs used for decades are inadequate - therefore, EPA has no authority to enact new, harsher rules.
- The "sue and settle" maneuver, starting with a seemingly unrelated federal court lawsuit in the Northern District of California filed by Sierra Club and WildEarth Guardians and resulting in new rules docket in Washington, DC designed to cover nearly 80% of the United States, is designed to "fly under the radar" of accepted rulemaking scrutiny.
- For decades, EPA has approved startup, shutdown, and malfunction provisions in SIPs without interruption - until now.
- 36 states are now under threat of new, harsh rules that are without precedent - or justified by proof of violation of existing rules.
- Once again, as with the EPA greenhouse gas emissions (climate change) regulations now before the U.S. Supreme Court, EPA has ignored precedent and grabbed executive/regulatory power beyond that allowed under the Clean Air Act - and without Congressional authorization.