Federal Court Sides With U.S. EPA, ARTBA on
“Greenhouse Gas” Emissions Case

Contacts:
Nick Goldstein ARTBA 202-289-4434	Matt Jeanneret ARTBA 202-289-4434	Print this page

Washington, D.C. [June 30, 2008]—One of the most important transportation-related environmental cases of last year’s U.S. Supreme Court term continued to unfold as a federal court June 26 rejected a motion aimed at forcing the Environmental Protection Agency (EPA) to issue a decision on whether to regulate “greenhouse gas” emissions from new motor vehicles within 60 days—a move that could impact the price of construction equipment.

Massachusetts v. EPA, decided in 2007, heldthe EPA must reconsider a prior decision not to regulate “greenhouse gas” emissions from new motor vehicles.  The ruling against EPA did not, however, establish a timetable for new regulations or even ensure new regulations will be issued.  Rather, the Court's decision ordered the EPA to revisit its decision not to regulate greenhouse gas emissions and better explain its reasoning.  ARTBA, in partnership with 13 other industry and trade organizations, opposed a motion filed by environmental groups unsatisfied with the pace of EPA’s response to the 2007 decision.

If enacted, any new regulations would likely result in increased prices for motor vehicles and construction equipment as well as restrictive standards which, if not met, could place federal transportation funds for numerous states and localities in jeopardy.  ARTBA’s opposition to the environmental group’s motion stressed the need for EPA to be thoughtful and deliberate when crafting a new regulation of such magnitude; it also argued a 60-day time limit would not allow the regulated community sufficient time to comment on impacts of any new regulatory scheme.

The EPA will now continue to move forward with a response to the Supreme Court, although the timing is still unknown.

Since 1993, ARTBA has won several victories on the transportation construction industry’s behalf in cases involving the Clean Air Act and wetlands regulations.  All told, ARTBA’s legal involvement in federal regulatory issues and litigation has allowed nearly $50 billion in approved—yet challenged—state, regional and local transportation projects and plans to move forward.