Law360, New York (March 16, 2010, 2:08 PM ET) -- Following Massachusetts v. EPA in April of 2007, the conventional wisdom has been that restrictions on greenhouse gas emissions were “imminent,” “just around the corner,” or merely a “matter of time.” Now, almost three years later, nationwide restrictions for GHGs are imminent only for mobile sources.
The applicability and timing of restrictions for stationary sources remain uncertain because:
1) Potential federal climate change legislation is mired in congressional gridlock.
2) The EPA has proposed to regulate GHG emissions under the Prevention of Significant Deterioration (PSD) permit...