NCBA files Supreme Court petition against EPA emission rules

WASHINGTON, April 19, 2013 – The National Cattlemen’s Beef Association (NCBA) along with the Coalition for Responsible Regulation yesterday filed a petition in the United States Supreme Court challenging the EPA’s finding that greenhouse gases (GHG) endanger public health and welfare, its rule to limit GHG from passenger vehicles and its “timing” and “tailoring” rules that govern GHG permit applicability at stationary sources.

In December 2009, EPA issued a finding that GHGs are an “endangerment” to public health and the environment, allowing the agency to regulate the emissions under the Clean Air Act (CAA). The rules affect small and large sources throughout the economy, including farming and ranching operations. NCBA filed a petition with the District of Columbia Circuit Court of Appeals and EPA challenging the science behind EPA's finding. The D.C. court dismissed the challenge in June of last year. The court also denied challenges to EPA's endangerment finding for greenhouse gases and subsequent emissions standards for cars and light-duty trucks.

“We have already seen many actions by this administration’s EPA that proves they believe they are above the law. Forcing these greenhouse gas regulations upon Americans, including hard-working cattlemen and women, is yet another example of this. We remain hopeful that bringing this issue to the highest court in the nation, the U.S. Supreme Court, will put a stop to the aggressive agenda-driven bullying by EPA,” said NCBA Deputy Environmental Counsel Ashley McDonald.

“The Clean Air Act is not an appropriate vehicle to regulate greenhouse gases and we are certain this manipulation of the Act goes against congressional intent. Once again, EPA continues to promulgate regulations which have a negative impact on producers’ ability to provide safe and affordable food for our nation and the world,” said McDonald.

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