States Challenge EPA’s Clean Power Plan

More than two dozen states, along with industry, utility and other groups, have joined a lawsuit challenging the EPA’s Clean Power Plan.  The challengers argue that Section 111(d) of the Clean Air Act does not authorize the EPA to implement the Clean Power Plan as currently written.  The plaintiffs assert that the EPA’s rule would fundamentally transform the domestic energy sector, and that the Clean Air Act does not authorize the agency to make such sweeping changes.  According to statements from Plaintiffs, the case is not about the wisdom of any particular policy; rather, it is about whether the EPA acted within its delegated authority under the Clean Air Act when it enacted the Clean Power Plan in an attempt to curb carbon dioxide pollution from existing power plants.  Oral arguments are slated for June 2nd before the US Court of Appeals for the District of Columbia.  The regulation implementing the Clean Power Plan has been stayed pending resolution of the litigation.

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