WASHINGTON, DC/ATLANTA, GA (Dec. 20, 2012): The U.S Court of Appeals for the District of Columbia today denied the petitions for rehearing en banc filed by the states, organizations and corporations challenging the overreach of the Obama administration's Environmental Protection Agency (EPA) in the global warming-greenhouse gas regulations cases. Statement from Shannon L. Goessling, Southeastern Legal Foundation executive director and chief legal counsel:
"While we are disappointed with the outcome of the rehearing consideration, this is not unexpected.
We knew that this case would be before the Supreme Court of the United States, and we have been prepared for the rehearing denial.
We compliment Judges Brown and Kavanaugh for their thorough and sifting dissents, which we believe affirm the clear controversy that the EPA regulations and our combined legal challenges have raised. As raised so eloquently in a dissenting opinion, Congress has not abdicated its authority to govern and approve regulations, nor has it granted unlimited powers to the Executive branch in the form the EPA to regulate beyond what has been specifically enacted by Congress.
Remember that Congress makes the laws, and the Executive enforces them – the Executive branch offices like EPA are not empowered to overreach and make new laws. We’re confident the Supreme Court will take this appeal, based on the law and the cases preceding in this issue.
On behalf of our plaintiffs – including a dozen members of Congress and 14 business and trade associations and companies – as well as the working men and women of America who seek a better economy and not skyrocketing costs, we look at recent Supreme Court decisions on issues related to this matter and take heart that the high court will give these critical challenges a fair, thorough and sifting review, even as the Obama administration continues to take unprecedented steps to reach beyond the letter and intent of existing laws duly enacted by Congress and argues in court that the courts themselves have little authority to review their decisions and enactments. This is a battle that encompasses both federal government overreach and costly, environmentally meaningless, and devastating climate change regulations."