In a per curium opinion issued on June 26, the Court of appeals for the DC Circuit upheld EPA’s greenhouse gas endangerment finding and other regulations depending on it. The case is Coalition for Responsible Regulation v. EPA (case No. 09-1322, consolidated with 25 other challenges). Over 100 lawyers participated in the challenge, but apparently none were able to persuade the Court that the endangerment finding lacked a sufficient scientific and/or legal basis.
EPA’s adherence with applicable information quality standards apparently did not make the cut of issues to be litigated; it does not appear anywhere in the Court’s opinion. But if EPA’s scientific rationale satisfied these standards, then it is not clear how the Agency’s scientific rationale could be successfully challenged. On the other hand, a challenge should have been easier to make if EPA had been shown to not adhere to applicable information quality standards.