Supreme Court to review EPA authority over GHGs from stationary sources

By Staff | November 19, 2013

The U.S. Supreme Court has agreed to review whether the Clean Air Act grants the U.S. EPA authority to regulate greenhouse gas (GHG) emissions from large, stationary sources in the same way it did for automobiles. On Oct. 15, six of nine Supreme Court appeals were accepted by the justices. Arguments are expected to be heard by the court early next year. 

According to Bob Cleaves, president of the Biomass Power Association, the Supreme Court’s review has implications for the biomass industry, particularly with regard to the Greenhouse Gas Tailoring Rule. 

 “The EPA is dealing with two issues that relate to our industry right now,” he said. “One is how to respond to the D.C. Circuit ruling in July that invalidated the Tailoring Rule deferral [of biogenic emissions], and secondly, how to measure carbon emissions from biogenic sources,” Cleaves said. “Our reading is that the court appears to be prepared to examine the statutory underpinnings of EPA’s authority to regulate power plants, including biomass, and we’ll continue to work with EPA on the underlying accounting rule for biomass to get the science right on the issue.”