The High Court will consider whether the EPA overstepped its authority in developing rules aimed at cutting emissions of six heat-trapping gases from factories and power plants. The EPA asserts an earlier court ruling, which upheld its right to regulate such emissions from automobiles, also applies to stationary sources.
Jeff Holmstead led the EPA’s air and radiation office under President George W. Bush. He’s now a partner with the law firm of Bracewell and Giuliani.
“There’s an awful lot of industrial development that’s going on in Texas, and today, a lot of those companies spend a lot of time and money and experience a lot of delay because of this permitting requirement. If the Supreme Court rules in favor of industry on this one, it would eliminate a permitting requirement that a lot of people think is unnecessary and counterproductive.”
The case will be argued in early 2014.