On October 15, 2013, the U.S. Supreme Court granted six petitions for certiorari challenging U.S. EPA's regulation of greenhouse gas emissions from stationary sources. Specifically, the Supreme Court agreed to review the single issue of whether EPA acted within its authority under the Clean Air Act when it determined that its regulation of greenhouse gas emissions from motor vehicles triggered permitting requirements for stationary sources that emit greenhouse gases. The cases were consolidated for one hour of oral argument.
The Court, however, denied three other petitions challenging EPA's endangerment finding addressed in Massachusetts v. EPA and EPA's Tailpipe Rule. The Court also appeared to reject questions implicating EPA's authority to modify the statutory permitting requirements as part of its so-called "tailoring rule."
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