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October 13, 2014

U.S. District Court Dismisses Nebraska’s Challenge to EPA Power Plant Rule

The Associated Press reported last week that U.S. District Court Judge John Gerrard dismissed the state of Nebraska’s challenge to the U.S. Environmental Protection Agency’s pending rule on emissions from new power plants. The court’s decision did not hinge on the constitutionality of the EPA’s rule, but instead said Nebraska’s challenge came too soon – before the rule had even been finalized. In his filing to the court, Nebraska’s Attorney General Jon Bruning had argued the rule would prevent new power plants from being built in his state and also explained the EPA, under the 2005 Energy Policy Act, cannot issue a rule “based solely on emission-capturing technology developed through federal funding at coal-burning power plants.”