September 26, 2016

Federal Court Will Consider Challenge To Costly EPA Power Plant Regulations This Week

On Tuesday, Sept. 27, the U.S. Court of Appeals for the District of Columbia Circuit will hear arguments in one of the largest and most complex and important energy and environmental lawsuits in history—the challenge to President Barack Obama’s Clean Power Plan (CPP), which sets limits on emissions from new and existing power plants. 

According the U.S. Chamber of Commerce’s Partnership for a Better Energy Future, which Metals Service Center Institute (MSCI) is a member of, nearly 160 petitioners have challenged the rule, “making it perhaps the largest coalition of petitioners in a regulatory challenge in recent memory.” The coalition includes 27 states, 25 trade associations, 71 utilities, ten mining companies, and eight labor unions. 

Given the complexity of the case, and the number of arguments against the CPP, the argument structure is also complex. The Partnership has explained to MSCI that a total of 16 advocates will argue the case for both sides. All of those arguments will happen on a single day, beginning at 9:30 a.m. ET. for full details regarding how testimony will unfold.) It will take just a few months for the court to determine its position on the case, but E&E News reported its “decision is likely to come after the November elections …” 

Click here to learn more about the Clean Power Plan