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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Supplemental Comments to EPA on Reliability & the Proposed GHG Regulations for Fossil Fuel-Fired Power Plants
Project Updates / December 20, 2023
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EPA Updates Climate Damage Estimates in New Methane Rule
Media Resources / December 2, 2023
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Comments to EPA on the Proposal to Limit Emissions from Reclassified Major Sources of Air Toxics
Project Updates / November 13, 2023
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Comments to EPA on GHG Regulations for Fossil Fuel-Fired Power Plants
Project Updates / August 8, 2023
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Comments to OMB on Draft Update of Circular A-4
Project Updates / June 20, 2023