On June 26, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion denying challenges to four regulations promulgated by the Environmental Protection Agency (EPA) that address greenhouse gas emissions (GHGs) from large stationary sources, such as power plants, cement manufacturers, refineries and other sources with large fossil fuel-fired boilers. The court of appeals’ decision firmly supports the EPA’s existing approach to regulating GHGs from these sources, requiring them to obtain permits that set controls for GHGs. The decision might also support pending arguments that EPA must set national ambient air quality standards for GHGs that could lead to even more stringent permit requirements. 

We posted the court’s opinion on June 26 here. 

Read our GT Alert providing more in-depth analysis here.

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Photo of Michael Cooke Michael Cooke

Board Certified in State & Federal Government and Administrative Practice, Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law. He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, climate change, electric…

Board Certified in State & Federal Government and Administrative Practice, Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law. He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, climate change, electric generating facilities, renewable energy, telecommunications, utility plant and transmission line siting, water, and wastewater issues and permitting and zoning matters.

From 2003 to 2006, Michael was the Director of the Division of Air Resource Management for the Florida Department of Environmental Protection. In this position, he managed the air quality program for the State of Florida, interacting with federal and local agencies and over-seeing permitting and enforcement matters and the development of state air regulations. Michael also served as General Counsel for the Florida Public Service Commission in Tallahassee from 2006 through 2008. His responsibilities at the Public Service Commission included conduct of rate cases, rulemaking, enforcement proceedings, and decision-making involved with policy issues regarding nuclear facility site cost recovery and renewable energy.

Michael has represented clients in connection with numerous environmental regulatory matters, particularly in air permitting and compliance issues. He has represented electric utilities, manufacturing, and agricultural entities in connection with various Title V and New Source Review matters. He is well versed in CERCLA, RCRA, TSCA, water, and solid waste matters.