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SOUTHEASTERN LEGAL FOUNDATION v. EPA

Docket No.: 12-1268
Argued: February 24, 2014
Consolidated with: 12-1146,12-1248,12-1254,12-1269and12-1272

PartyNames: Southeastern Legal Foundation, Inc., et al. v. Environmental Protection Agency, et al.
Petitioner: Southeastern Legal Foundation, Inc., et al.
Respondent: Environmental Protection Agency, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 684 F.3d 102
Supreme Court Docket

Southeastern Legal Foundation, Inc., et al.
v.
Environmental Protection Agency, et al.
Consideration Limited:

LIMITED TO 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.

Question Presented:

1. May EPA exert authority over GHG emissions under the Clean Air Act where (1) EPA acknowledged that its interpretation of the Act is fundamentally inconsistent with both the express terms of the Act and the manifest intent of Congress and would lead to results that are "absurd" and "impossible" to administer, (2) there exist reasonable, alternative interpretations of the Act that do not create such conflicts and absurd results, and (3) EPA's action was based on an irrational claim of scientific certainty in the face of ample contradictory and equivocal evidence in the rulemaking record? 2. Having adopted an "absurd" and "impossible" interpretation of the Act, may EPA then rewrite the statutory requirements of the CAA to substitute its own preferred "tailored" regulatory regime for stationary GHG emissions in order to avoid the absurd and impossible results of its own making? 3. Is EPA's administrative "tailoring" of the Act to avoid the absurd results of its own interpretation beyond judicial review on the ground that no party has standing to challenge the assumed administrative power to relax statutory requirements?

SOUTHEASTERN LEGAL FOUNDATION v. EPA
ORAL ARGUMENT

February 24, 2014

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