We recently submitted an amicus brief in the litigation over the EPA’s Clean Power Plan, which regulates carbon dioxide emissions from the power sector. A group of coal companies and states is asking the U.S. Court of Appeals for the D.C. Circuit to strike down the rule, arguing that it represents an unprecedented expansion of the EPA’s regulatory authority. Our brief shows that, in fact, there are regulatory precedents for every aspect of the rule that petitioners claim is unprecedented. Our analysis of past EPA regulations and court rulings reveals that the Clean Power Plan is consistent with decades of Clean Air Act practice under administrations of both parties.
Related Reading
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Amicus Brief on EPA Good Neighbor Rule
Project Updates / June 24, 2024
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Analyzing Major Rules in the Courts
In the News / June 24, 2024 / Yale Journal on Regulation
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The Road Ahead for New York Cap-and-Invest: Too Many GHG Emissions?
In the News / May 3, 2024 / Policy Integrity Insights
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Within Its Wheelhouse: EPA’s Latest Power Plant Regulations Rely on Traditional Approaches Left Available After West Virginia v. EPA
Publications / April 24, 2024
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Statement on EPA’s Standards for Light- and Medium-Duty Vehicles
Media Resources / March 20, 2024