Court Hears Arguments Surrounding EPA Power Plant Rule

The U.S. Court of Appeals for the District of Columbia Circuit heard arguments Thursday in a set of cases (Murray Energy v. EPA andWest Virginia v. EPA) challenging the U.S Environmental Protection Agency’s (EPA) authority to limit greenhouse gases from existing power plants under section 111(d) of the Clean Air Act. There was skepticism from at least two of the three judge panel about whether they could hear a challenge before the rule is finalized. Judges Griffith and Kavanaugh both questioned whether the rulemaking was “extraordinary” and requiring of immediate court review.

Whether the court decides to review the proposed rule or not, the argument also previewed future challenges claiming the EPA misused sections of the Clean Air Act to regulate pollution. The plaintiffs—a coalition of coal-producing states and a coal company—argue that the EPA rules violate the Clean Air Act’s language limiting regulation of the facilities for pollutants to just one section of the law. A drafting error in 1990 created conflicting language between the House and Senate versions that was never resolved, with the House limiting regulation under section 111(d) to those facilities that were not regulated otherwise, and the Senate limiting regulation only to those pollutants that were not otherwise regulated. The EPA claims that it has discretion to resolve such a conflict of language in the way it has proposed.

Obama Proposes New Offshore Drilling Rules

As the five-year anniversary of the Deepwater Horizon explosion and oil spill in the Gulf of Mexico nears, the Obama administration is proposing dozens of rules aimed at strengthening oversight of offshore drilling equipment to ensure that wells can be sealed in emergency situations.

The draft rules would impose tougher standards on equipment designed to maintain well control (such as the blowout preventer that malfunctioned in the —> Read More