Oral arguments in the challenge to the Clean Power Plan are currently scheduled for June 2 and 3 before the US Court of Appeals for the District of Columbia. Opponents of the Clean Power Plan are seeking two days of oral arguments, with time divided between several topics.

On the first day, the parties would address whether the Clean Power Plan impermissibly forces utilities to shift energy generation away from coal-fired power to renewable sources.  They would also address whether the U.S. Environmental Protection Agency (“U.S. EPA”) can regulate carbon dioxide from power plants under Section 111(d) of the Clean Air Act.  On the second day, the parties would argue whether certain aspects of the rule were properly subject to notice and comment before finalization, whether control technologies had been adequately demonstrated, and would address constitutional challenges to the Plan.  The Competitive Enterprise Institute is also asking the court to include time to hear arguments on the EPA’s cost-benefit analysis of the rule.  The EPA, for its part, believes that just three hours of argument on one day are necessary, with the majority of time spent on statutory challenges to the rule.

For more information, please contact Phillip Hoover.