Clean Power Plan Publication Triggers Wave of Challenges

The recent publication of the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan in the Federal Register triggered the filing of lawsuits by dozens of states in the U.S. Court of Appeals for the District of Columbia Circuit, along with other challenges, including a petition from a U.S. Chamber of Commerce-led industry coalition for a rule review and an immediate stay of the regulation. By Monday, 26 states, 15 trade groups, several labor unions, and a host of individual utilities and companies were suing the administration over the Clean Power Plan. By Tuesday, members in both the House and the Senate introduced Congressional Review Act resolutions to stop them (subscription)—resolutions described by The National Journal as “a bid to un­der­mine in­ter­na­tion­al cli­mate talks.”

Clean Power Plan critics—among them attorney generals from West Virginia (Patrick Morrisey) and Texas (Ken Paxton), who are leading the states’ legal challenge—allege that the state-by-state targets aimed at cutting carbon dioxide emissions from power plants 32 percent from 2005 levels by 2030 represent a federal overreach and will hike utility rates and undercut grid reliability.

“The Clean Power Plan is one of the most far-reaching energy regulations in this nation’s history,” said Morrisey. “EPA claims to have sweeping power to enact such regulations based on a rarely used provision of the Clean Air Act, but such legal authority simply does not exist.” But the EPA and many environmental groups contend that the federal government does have the legal authority to curb power plant emissions, and The Huffington Post noted that in the past the U.S. Supreme Court has ruled in the EPA’s favor.

“The power plan is based on a sound legal and technical foundation,” said Acting Assistant Administrator for the EPA’s Office of Air —> Read More