Statement by ERCC Director Scott Segal: DC Court of Appeals Upholds EPA Greenhouse Gas Regulations

December 10, 2010

It is always a bit of a long shot to get a stay granted in any case. That said, in this case, the result is unfortunate. 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. Given the state of the economy, the decision is certainly not a welcome holiday present.

"The denial of a stay is hardly an endorsement of the underlying EPA position. Indeed, we expect vigorous challenges to continue regarding EPA's unprecedented foray into greenhouse gas regulation.