State of Utah v. EPA (Regional Haze Rule)

Case Updates

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The U.S. Chamber filed an amicus brief urging the Tenth Circuit to hold unlawful an EPA regulation that imposes stringent new air permitting requirements under the Clean Air Act’s “regional haze” program. The “regional haze” program seeks to limit or prevent “visibility” impairment in areas such as national parks. In recent years, EPA has embarked on an aggressive regulatory campaign to impose stringent, new emission limitations under the regional haze program. These new regulations threaten to drive up electricity costs, but for little to no benefit; the visibility improvements are imperceptible to the human eye.

P. Stephen Gidiere II and Julia B. Barber of Balch & Bingham LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

The U.S. Chamber filed an amicus brief urging the Tenth Circuit to grant the State of Utah's motion for stay in its challenge to an EPA regulation that imposes stringent new air permitting requirements under the Clean Air Act’s “regional haze” program. The “regional haze” program seeks to limit or prevent “visibility” impairment in areas such as national parks. In recent years, EPA has embarked on an aggressive regulatory campaign to impose stringent, new emission limitations under the regional haze program. These new regulations threaten to drive up electricity costs, but for little to no benefit; the visibility improvements are imperceptible to the human eye.

The Chamber has filed amicus briefs in support of legal challenges to EPA’s new regional haze regulations for Arkansas and is an intervenor in a challenge to EPA’s regional haze rule for Texas and Oklahoma. Additionally, the Chamber filed a petition for review in the D.C. Circuit arguing that the regulation is unlawful and should be set aside.