CLIMATE CHANGE/GREENHOUSE GAS LITIGATION:
STATEMENT FROM PETITIONERS ON TODAY’S U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA DECISION
Executive Director and Chief Legal Counsel
Southeastern Legal Foundation
“The decisions today in this critical litigation challenging the U.S. Environmental Protection Agency’s greenhouse gas and climate change regulations by the U.S. Court of Appeals for the District of Columbia reflect the simple fact that the Court believes it is foreclosed from considering the power and scope of EPA authority in this matter by the U.S. Supreme Court’s decision in Massachusetts v. EPA, 549 U.S. 497 (2007).
We strongly disagree with the three-judge panel’s interpretation of the Supreme Court decision. We do not believe the U.S. Supreme Court decision restrains this Court from rendering a decision on the merits of the unprecedented EPA regulatory juggernaut. We are confident that the record established in court and administrative proceedings over the past two years will provide sufficient basis for reconsideration and appeal.
As a result, we will decide in short order whether to petition for rehearing en banc with the U.S. Court of Appeals for the District of Columbia or whether to proceed to petition for a writ of certiorari to the Supreme Court of the United States, where we believed this matter would ultimately be heard at the outset of the litigation.
One of the key questions for review is, at what point does the “extreme deference” argued by EPA in court to executive agency authority in the form of unprecedented EPA regulations become abdication of judicial authority under the Constitution to review executive actions? This is an issue that is playing out in other arenas today as we consider it.
The American people, who will pay the trillion-dollar costs associated with the regulations, deserve a full and searching review and consideration of the EPA’s regulatory actions under the Clean Air Act, which have never been reviewed and approved by Congress and to date have not been reviewed by a court. This is the fundamental issue underlying the legal challenges we have undertaken on behalf of our clients, including members of Congress, companies, and trade associations.”
LIST OF PLAINTIFF-PETITIONERS REPRESENTED
BY SOUTHEASTERN LEGAL FOUNDATION
U.S. Rep. Dana Rohrabacher (CA)
U.S. Rep. John Shimkus (IL)
U.S. Rep. Phil Gingrey (GA)
U.S. Rep. Lynn Westmoreland (GA)
U.S. Rep. Tom Price (GA)
U.S. Rep. Paul Broun (GA)
U.S. Rep. Steve King (IA)
U.S. Rep. Nathan Deal (GA)
U.S. Rep. Jack Kingston (GA)
U.S. Rep. Michele Bachmann (MN)
U.S. Rep. Kevin Brady (TX)
U.S. Rep. Joe Barton (TX)
U.S. Rep. John Shadegg (AZ)
U.S. Rep. Marsha Blackburn (TN)
Southeastern Legal Foundation, Inc.
Georgia Motor Trucking Association, Inc.
Georgia Agribusiness Council, Inc.
The Langdale Company
Langboard, Inc. – MDF
Langboard, Inc. – OSB
Langdale Chevrolet – Pontiac, Inc.
Langdale Farms, LLC
Langdale Ford Company
Langdale Forest Products Co.
Langdale Fuel Co.
Collins Industries, Inc.
Collins Trucking Company, Inc.
Kennesaw Transportation, Inc.
J&M Tank Lines, Inc.
Southeast Trailer Mart, Inc.