BACT: To The Future Of GHG Regulation

Law360, New York (July 16, 2012, 12:48 PM EDT) -- In a highly anticipated opinion, the U.S. Environmental Protection Agency's rules regulating greenhouse gas (GHG) emissions from major stationary sources and its determination that GHG emissions endanger public health and welfare by contributing to climate change were upheld by the U.S. Court of Appeals for the D.C. Circuit in an 82-page per curiam decision issued on June 26, 2012. Coalition for Responsible Regulation Inc. v. EPA, No. 09-1322 (D.C. Cir. June 26, 2012).

The EPA's rules require new major sources and major modifications to existing sources permitted after Jan. 2, 2012, to implement the "best available control technology" (BACT) to limit...

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