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New York Attorney General Andrew M. Cuomo filed the lawsuit Aug. 25 in the U.S. Court of Appeals for the District of Columbia Circuit.
The lawsuit claims the EPA violated the Clean Air Act when it refused to issue "New Source Performance Standards" under the Clean Air Act for controlling greenhouse gas emission from oil refineries. The standards would ensure that new or renovated refineries take measures to reduce greenhouse gas pollution using modern technology.
The U.S. EPA will collect public comments on the advantages and disadvantages of using the Clean Air Act to potentially regulate greenhouse gas emissions from stationary sources, said Tim Lyons, deputy press secretary.
It will later determine whether to regulate the emissions under the Clean Air Act. However, EPA administrator Stephen Johnson has previously stated a preference for new legislation out of Congress for regulating greenhouse gas emissions rather than trying to do so through the Clean Air Act.
In addition to New York and Connecticut, California, Delaware, Massachusetts, Maine, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont and Washington, as well as the District of Columbia and New York City are plaintiffs in the lawsuit.
Contact Waste News senior reporter Bruce Geiselman at (330) 865-6172 or bgeiselman@crain.com