Clean Air Council v. Pruitt

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In Clean Air Council v. Pruitt, No. 17-1145, 2017 U.S. App. LEXIS 11803 (D.C. Cir. July 3, 2017), a 2-1 panel of the D.C. Circuit blocked EPA chief administrator Scott Pruitt from delaying Obama Administration global warming-type regulations.

As the Court wrote in the beginning of its decision:

Petitioners, a group of environmental organizations, challenge the Environmental Protection Agency's decision to stay implementation of portions of a final rule concerning methane and other greenhouse gas emissions. For the reasons set forth in this opinion, we conclude that EPA lacked authority under the Clean Air Act to stay the rule, and we therefore grant petitioners' motion to vacate the stay.

I.

In June 2016, EPA Administrator Gina McCarthy issued a final rule establishing "new source performance standards" for fugitive emissions of methane and other pollutants by the oil and natural gas industries. 81 Fed. Reg. 35,824 (June 3, 2016). The methane rule took effect on August 2, 2016, id., and required regulated entities to conduct an "initial monitoring survey" to identify leaks by June 3, 2017, 40 C.F.R. § 60.5397a(f). ...