Dec 7, 2015

Opposition Mounts to EPA Clean Power Plant

A majority of states have now joined in opposition to the proposed EPA carbon dioxide standards for power plants.  In addition to opposition from state governments, the Senate has proposed resolutions to overturn the Clean Power Plan (Plan).  Opponents of the Plan claim that the establishment of a cap and trade system for carbon emissions from power plants should have been authorized by Congress and not by executive action from the White House and the EPA.  Both Congress and the Senate are expected to take up the proposed resolutions blocking the Plan in the next few weeks. For more information,… Read more

Oct 27, 2015

EPA Sued Again Over Clean Power Plan Rule

On Friday twenty-four states, led by West Virginia’s Republican Attorney General, Patrick Morrisey, and Murray Energy Corp. filed two petitions against the Environmental Protection Agency and its Administrator, Regina McCarthy, in the U.S. Court of Appeals for the DC Circuit seeking judicial review and an immediate stop to enforcement of the final rule implementing the Clean Power Plan, also known as Section 111(d) of the Clean Air Act.  The Plan requires states to substantially reduce carbon emissions from power plants running on fossil fuels by 2030.  The overall projection for reduced emissions is 32% over 2005 levels, with states assigned… Read more

Oct 23, 2015

24 States File Legal Challenge to EPA Clean Power Plan Rule

The U.S. EPA’s Clean Power Plan  was published as a final rule in the Federal Register today and a coalition of twenty-four states, including Georgia, immediately filed a lawsuit in the D.C. Court of Appeals challenging the legality of the Rule.  The EPA’s Plan calls for a 32% nationwide reduction (as compared to 2005 levels) in the power sector’s carbon emissions by 2030 with specific reduction requirements for individual states.  The twenty-four states contend that the EPA’s Plan exceeds EPA’s regulatory authority under the federal Clean Air Act.  Fifteen other states have previously announced their intention to intervene in support… Read more