Fwd: EPA Allowed to Enforce Climate Change Rules With Suit Pending

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EPA Allowed to Enforce Climate Change Rules With Suit Pending
2010-12-11 05:01:01.0 GMT

By Margaret Cronin Fisk and Tom Schoenberg
Dec. 11 (Bloomberg) -- The U.S. Environmental Protection
Agency's rules over emissions related to climate change can be
enforced while a legal challenge to them proceeds, a federal
appeals court said.
Industry groups and coal mining companies, including Massey
Energy Co., last year asked for a review of the agency's rules
on greenhouse gasses and carbon emissions. The EPA rules
challenged were published on the Federal Register in December
2009, according to the lawsuit.
The U.S. Circuit Court of Appeals in Washington yesterday
denied a request by the challengers to put enforcement of the
climate change rules on hold while the lawsuit is pending.
"Petitioners have not satisfied the stringent standards
required for a stay pending court review," the appeals panel
said. "Petitioners have not shown that the harms they allege
are 'certain' rather than speculative."
The ruling may put a stop to some construction projects
scheduled to begin in 2011, said Scott Segal of Bracewell
Giuliani, a law and lobbying firm that represent utilities,
refiners, cement companies and manufacturers.
"In light of the substantial disagreement over whether
federal, state and local regulators can be ready in time to
impose preconstruction permit requirements by early January, the
court may have ensured an effective construction moratorium for
industrial and power projects," Segal said in an e-mailed
"This is a victory for every American who wants better gas
mileage and cleaner cars and factories," David Doniger, policy
director for the Climate Center at the Natural Resources Defense
Council, said in an e-mailed statement. "It means cleaner air,
a stronger economy and a healthier future for us all."
The case is Coalition for Responsible Regulation Inc. v.
U.S. Environmental Protection Agency, 09-1322, U.S. District
Court, District of Columbia (Washington).

For Related News and Information:
Legal headlines: TLAW <GO>
Bloomberg legal resources: BLAW <GO>
Emissions markets: EMIS <GO>

--Editors: Andrew Dunn, Peter Blumberg

To contact the reporter on this story:
Margaret Cronin Fisk in Detroit at +1-248-827-2947 or
Tom Schoenberg in Washington at +1-202-654-7367 or

To contact the editor responsible for this story:
David E. Rovella at +1-212-617-1092 or drovella@bloomberg.net.