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Attorney General Jason R. Ravnsborg

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U.S. Supreme Court to hear State Attorneys General Challenge


FOR IMMEDIATE RELEASE :    Wednesday, October 16, 2013
CONTACT:  Sara Rabern (605)773-3215 

United States Supreme Court to hear State Attorneys General Challenge of
EPA’s Authority to Regulate Greenhouse Gas Emissions

PIERRE, S.D  -  Attorney General Marty J. Jackley announces that the United States Supreme Court has agreed to review the EPA’s regulation of greenhouse gas emissions from businesses.  The State of South Dakota, along with Texas, Nebraska, North Dakota, and eight other States, have challenged the EPA’s regulation as going beyond its legal authority. 

“The EPA’s unprecedented regulation of the agriculture industry and small businesses in South Dakota is without proper Congressional authorization,” said Jackley.  “Protecting our environment through reasonable regulation and enforcement is important to South Dakota.  The EPA’s expansion of its rulemaking power by circumventing normal procedures goes beyond its legal authority and is not in the best interest of South Dakota.”  

On December 15, 2009, the EPA released its final endangerment finding, which concluded that atmospheric concentrations of six greenhouse gases are sufficient to constitute air pollution that endangers public health and welfare.  The agency then adopted a series of rules that, among other things, imposed permitting and limitations on greenhouse gas emissions from industries and small businesses.   South Dakota has estimated that these new regulations may require 1,000 facilities in the state to obtain air permits for the first time.