Statement from ERCC Counsel Jeff Holmstead on the EPA's GHG "Tailoring" Rule

May 13, 2010

With this rule, the Administration is trying to use the Clean Air Act to do something it was never intended to do. They're basically trying to pound a large square peg into a small round hole, and their efforts will have serious legal and economic consequences. The decision to require permits for greenhouse gases means that thousands of construction projects around the country will be blocked or delayed by several years. If the tailoring rule is upheld in court, then the Administration's temporary construction ban will only stop about 1,600 hundred of the largest projects planned for next year. But if the rule is overturned – and many lawyers believe it will be – then EPA itself estimates that the new rules will block or delay construction on more than 80,000 projects that would otherwise be creating jobs all over the country.