The American Road & Transportation Builders Association (ARTBA) has joined a coalition of industry groups in submitting a brief to the U.S. Court of Appeals for the District of Columbia Circuit supporting the Environmental Protection Agency’s (EPA) decision not to regulate so-called “greenhouse gas” emissions from new motor vehicles.

If enacted, these regulations would apply to all new vehicles, including construction equipment.

At issue is a 1999 petition filed by a number of environmental organizations seeking to compel the EPA to regulate “greenhouse gas” emissions from new motor vehicle engines.

In September 2003, the EPA denied the petition based on a thorough review of the Clean Air Act, stating that it “cannot and should not” regulate “greenhouse gas” emissions. The coalition of environmental groups, which originally brought the petition appealed the EPA’s decision to the Court of Appeals.

The brief submitted by ARTBA and other industry intervenors stressed that the court should give deference to EPA’s decisions about what it can and cannot regulate.

It also argued that the Clean Air Act does not grant EPA the authority to regulate “greenhouse gases.” Among the groups who filed the brief are: the American Petroleum Institute, National Association of Manufacturers, U.S. Chamber of Commerce and Portland Cement Association.

Oral arguments in the case are scheduled for April 8, 2005.

ARTBA is the transportation construction industry’s primary legal advocate. Since 1993, ARTBA’s involvement in federal regulatory issues and litigation has allowed more than $50 billion in approved, yet challenged, state, regional and local transportation projects and plans to move forward.

For more information, call 202/289-4434 or visit www.artba.org.

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