“To be sure, the stakes here are high. The underlying policy questions and the outcome of this case are undoubtedly matters of exceptional importance.”
– D.C. Circuit Judges Sentelle, Rogers, and Tatel, Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency, No. 09-1322.
Last June, the D.C. Circuit upheld the EPA’s new emissions restrictions for automobiles and commercial and industrial facilities – a momentous decision that validated the EPA’s use of the Clean Air Act to combat climate change. In promulgating its “Endangerment Finding,” the EPA determined that carbon dioxide poses a significant threat to the welfare of Americans, triggering broad Federal regulations of this new class of “pollutants.” The Supreme Court has held “if