DC Circuit -- Coalition for Responsible Reg v. EPA

Concurrences/Dissents from denial of en banc for EPA regulation of greenhouse gasses.

Dissent 1: Allowing EPA to regulate Greenhouse gasses conflicts with text, allows absurd results, conflicts with legislative intent.  Brown & Williamson -- Congress never meant to impart the authority.

Dissent 2:  Absurd results should have dictated a contrary agency interpretation of statute.  Term used elsewhere in statute.  Costs of interpretation.  Not compelled by Scotus decision as to another part of the Clean Air Act.  Too much discretion to agency.

Coalition for Responsible Reg v. EPA