GLOBAL WARMING COURT DENIES MOTIONS TO STAY: EPA REGULATIONS TAKE EFFECT JAN. 2
EPA Global Warming Litigation:
U.S. Court of Appeals Denies Motions to Stay
EPA Regulations Pending Full Hearings, Briefings
WASHINGTON, DC/Dec. 10, 2010: The U.S. Court of Appeals for the District of Columbia’s three-judge panel today denied the Motions to Stay the greenhouse gas emissions regulations enacted by the U.S. Environmental Protection Agency pending the outcome of the consolidated multi-party challenges against the regulatory regime. Issues on which the requests to stay were not granted include the so-called “Tailpipe Rule,” the Timing issue (the so-called Johnson Memo issue), the EPA’s Endangerment Finding, and the so-called “Tailoring Rule.”
As a result, the full regulatory regime will take effect on January 2, 2011. According to econometric studies, the regulations will result in hundreds of billions of dollars in new energy costs for consumers and businesses, and will result in the loss of millions of American jobs over the next 20 years.
Southeastern Legal Foundation (SLF), which represents 14 members of Congress and 16 companies and professional associations and itself, notes that the litigation now moves forward to the merit stage for full briefing and adjudication.
“As we have said from the beginning, this litigation is the only viable effort to call the EPA to account for its abuse of process, failure to obtain Congressional oversight as required under the Clean Air Act, and adoption of flawed and perhaps fraudulent science,” said Shannon Goessling, SLF Executive Director and Chief Legal Counsel.
“Of course, we are disappointed in the court’s ruling today. We now move forward into fully litigating the merits of our combined cases – except we do so in an environment in which the full force and effect of the EPA’s regulations will begin exacting a costly toll on American consumers and jobs,” she added.