Yesterday, twelve state attorneys general filed suit against the EPA seeking the regulation of emissions of greenhouse gases from oil refineries. According to the suit, the EPA is required to set New Source Performance Standards for greenhouse gas emissions from such facilities, but has failed to do so. Given Massachusetts v. EPA, and the Supreme Court's conclusion that greenhouse gases are "pollutants" under the Act, I think they have a pretty open-and-shut case. The WSJ reports here.
Another GHG Lawsuit Against EPA: