Clinic Files Amicus Brief in U.S. Supreme Court Case, Utility Air Regulatory Group v. U.S. Environmental Protection Agency

On January 28, 2014, the Clinic filed an amicus brief in the case Utility Air Regulatory Group v. U.S. Environmental Protection Agency (U.S. Nos. 12-1146 and consolidated cases) on behalf of Calpine Corporation.  This case involves challenges to EPA’s regulation of greenhouse gas emissions from stationary sources under the Prevention of Significant Deterioration program of the Clean Air Act.

In the brief, the Clinic describes Calpine’s experience as a company that has gone through the PSD permitting process for greenhouse gases on six occasions.  This experience demonstrates that the permitting process has focused mainly on maximizing the energy efficiency of the facilities, which is already a priority for Calpine.  In contrast to the assertions of some of the petitioners in the case, Calpine’s experience demonstrates that GHG PSD permitting has not resulted in excessive delays or costs for regulated industries.

Clinic student William Cranch (JD ’15) wrote the brief under the supervision of Clinic Director Wendy Jacobs and Senior Clinical Instructor Shaun Goho.

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