Just eight days after U.S. EPA published in the Federal Register its finding that greenhouse gases endanger public health and welfare, triggering Clean Air Act jurisdiction to regulate such emissions, the first Petition for Review challenging the action was filed with the U.S. Court of Appeals for the D.C. Circuit. Coalition for Responsible Regulation, Inc., et al. v. United States Environmental Protection Agency, No. 09-1322 (D.C. Cir. December 23, 2009).
The lead petitioner describes itself as a nonprofit organization of businesses that would likely be subject to greenhouse gas regulation under the Clean Air Act. Other petitioners include trade associations involved in mining and cattle production, along with three coal companies and a developer of coal gasification projects. The petitioners are required to file with the court a "Statement of Issues to be Raised" by January 27, 2010. No briefing schedule has been established.
Under the terms of the Clean Air Act, parties seeking judicial review by the D.C. Circuit may file a Petition for Review up to 60 days after U.S. EPA's final action was published. At least one other organization, the Competitive Enterprise Institute, has publicly announced that it intends to challenge the finding, and the U.S. Chamber of Commerce has indicated that it is considering a challenge.
As U.S. EPA Administrator Lisa Jackson has indicated that she intends to finalize greenhouse gas emissions rules under the Clean Air Act for motor vehicles and stationary sources by the end of March 2010, the D.C. Circuit will likely have an extensive docket of greenhouse gas cases by this summer.