May 3, 2016

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… Read more