A coalition of industry groups and states argued in the U.S. Court of Appeals for the District of Columbia Circuit October 17 that the Environmental Protection Agency used an absurd construction of the Clean Air Act to make its climate change endangerment finding. The Coalition for Responsible Regulation contends in a brief filed last week that the Tailoring Rule seeks to address the Endangerment Rule, without which there would be no Auto Rule, and that without the Auto Rule, the agency would have no basis to claim that significant revisions to emission standards are necessary. Final briefs are due November 14.
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EPA rules challenged
- Mintz Levin Cohn Ferris Glovsky and Popeo PC
- David Leiter, Sarah Litke and Daniel Phillips
- October 24 2011
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