Today the U.S. Supreme Court has granted six of the nine petitions for certiorari that had been filed by parties seeking review of E.P.A.’s greenhouse gas (“GHG”) decisions issued in late 2009 and early 2010. Those E.P.A. decisions led to stationary source permitting requirements for GHGs.  As reported previously, last year, in a unanimous opinion, Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency, No. 09-1322 (D.C. Cir. June 26, 2012), a three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit denied challenges to four regulations (the Endangerment Finding, the Tailpipe Rule, the Timing Rule, and the Tailoring Rule) promulgated by the Environmental Protection Agency (“EPA”) that address greenhouse gas emissions.  In granting the separate certiorari petitions the Court consolidated the cases and allotted a total of one hour for oral argument.  The petitions for writs of certiorari also were granted to a limited extent only, with the Court agreeing to review only the following question:  “Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases.”

The court granted petitions for certiorari in Utility Air Regulatory Group v. EPA, 12-1146; American Chemistry Council v. EPA, 12-1248; Energy-Intensive Manufacturers v. EPA, 12-1254; Southeastern Legal Foundation v. EPA, 12-1268; Texas v. EPA, 12-1269; and Chamber of Commerce v. EPA, 12-1272.  The court denied petitions for certiorari in Virginia v. EPA, 12-1152; Pacific Legal Foundation v. EPA, 12-1153; and Coalition for Responsible Regulation v. EPA, 12-1253.

 

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Photo of Michael Cooke Michael Cooke

Board Certified in State & Federal Government and Administrative Practice, Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law. He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, climate change, electric…

Board Certified in State & Federal Government and Administrative Practice, Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law. He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, climate change, electric generating facilities, renewable energy, telecommunications, utility plant and transmission line siting, water, and wastewater issues and permitting and zoning matters.

From 2003 to 2006, Michael was the Director of the Division of Air Resource Management for the Florida Department of Environmental Protection. In this position, he managed the air quality program for the State of Florida, interacting with federal and local agencies and over-seeing permitting and enforcement matters and the development of state air regulations. Michael also served as General Counsel for the Florida Public Service Commission in Tallahassee from 2006 through 2008. His responsibilities at the Public Service Commission included conduct of rate cases, rulemaking, enforcement proceedings, and decision-making involved with policy issues regarding nuclear facility site cost recovery and renewable energy.

Michael has represented clients in connection with numerous environmental regulatory matters, particularly in air permitting and compliance issues. He has represented electric utilities, manufacturing, and agricultural entities in connection with various Title V and New Source Review matters. He is well versed in CERCLA, RCRA, TSCA, water, and solid waste matters.