Bill Penny
Bill Penny

Bill Penny is a Member in the Nashville office of Stites & Harbison. He is a member of the firm's Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. Bill has more than 25 years experience in environmental law. You can contact him at william.penny@stites.com or by phone at 615-782-2308.

Martin Corinne
Corinne Martin

Corinne Martin is an Associate in the Nashville office of Stites & Harbison. She is a member of the Environmental, Natural Resources & Energy Service Group, the Green Industry Practice Group, and the Business Litigation Service Group. cmartin@stites.com or by phone at 615-782-2218.

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INDUSTRY GROUPS MOVE TO STAY GHG RULES

09.17.10 12:32 PM
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On September 15, 2010, a number of industry groups, including the National Association of Manufacturers, National Mining Association, and the American Iron and Steel Institute, filed a Motion for Partial Stay of EPA’s Greenhouse Gas Regulations.  The Motion was filed as part of several  lawsuits filed by Coalition of Responsible Regulation, Inc. (an industry advocacy group) and others against EPA.  According to the Motion the Petitioners are asking only for a partial stay to preserve the status quo and prevent the rules from taking effect on stationary sources that EPA has not assessed, while allowing EPA to proceed with its Clean Air Act efforts to control GHG emissions.  The stay involves three of four actions that will be implemented on January 2, 2011 known as the “Endangerment Rule,” the “Tailpipe Rule”, the “PSD Interpretive Rule” and the “Tailoring Rule.”  The request is to stay the implementation only for stationary sources for the latter three rules.  According to the Motion, “EPA has not engaged in any required analysis of the impact these rules will have on stationary sources."

 

These rules are the first attempt to regulate GHG emissions.  The Motion alleges that the action will cost hundreds of millions of dollars in administrative costs and delays in addition to consts of implementing GHG-control technologies.  They allege it will discourage capital investment and threaten regulatory construction freezes causing loss of jobs.

 

The Motion is a whopping 65 pages, but is filled with interesting discussion and analysis of the GHG rules.  If nothing else it is very educational.  Thanks to Wayne Scharber with the Tennessee Chamber for bringing this to my attention.

 

 

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