Industry Seeks New EPA Permitting Rule As Lawsuit Returns to Appellate Court

Industry groups will argue that the Environmental Protection Agency needs to issue a new greenhouse gas permitting rule after the U.S. Supreme Court limited the scope of its prior permitting program when the litigation returns to a federal appellate court (Coal. for Responsible Regulation v. EPAmotions to govern future proceedings due).

Parties to the lawsuit are required to file motions to govern future proceedings with the U.S. Court of Appeals for the District of Columbia Circuit by Oct. 21.

Industry groups are likely to push the D.C. Circuit to vacate what remains of the EPA’s tailoring rule, which ...