Description: Challenge to EPA rule that maintains existing greenhouse gas emissions permitting thresholds.
American Petroleum Institute v. EPA
Filing Date Type File Action Taken Summary 02/18/2016 Stipulation Download Petition for review voluntarily dismissed. Challenge to “Tailoring Rule,” a Casualty of UARG v. EPA, Was Voluntarily Dismissed. The American Petroleum Institute and other petitioners voluntarily dismissed a petition filed in 2012 to challenge Step 3 in EPA’s “tailoring rule,” which addressed thresholds for regulating greenhouse gas emissions from large stationary sources. The proceeding had been held in abeyance since 2013. The Supreme Court’s 2014 decision in Utility Air Regulatory Group v. EPA made the tailoring rule invalid. 05/10/2013 Order Download Motion granted to hold proceedings in abeyance. The D.C. Circuit granted a motion requesting that this action be held in abeyance pending the U.S. Supreme Court’s disposition of Utility Air Regulatory Group v. EPA and related petitions. The Utility Air Regulatory Group and numerous other parties filed petitions for writs of certiorari for review of the D.C. Circuit’s June 2012 decision in Coalition for Responsible Regulation, Inc. v. EPA that upheld EPA’s GHG permitting program for stationary sources and other EPA regulation of GHG emissions. 09/01/2012 Petition for Review Petition for review filed. A coalition of industry groups filed a lawsuit challenging an EPA rule that maintains the existing GHG emissions permitting thresholds concerning the agency’s tailoring rule, which limits GHG permitting to the largest industrial sources. On July 12, EPA issued the third step of the tailoring rule, retaining the existing permitting thresholds of Title V and prevention of significant deterioration emissions permits. New facilities that emit 100,000 tons per year of carbon dioxide-equivalent and existing facilities that increase their emissions by 75,000 tons per year of carbon-dioxide equivalent will be required to obtain prevention of significant deterioration and Clean Air Act Title V operating permits. According to EPA, it is retaining those existing permitting thresholds because state permitting authorities need more time to develop the infrastructure necessary to issue GHG permits.