Clean Power Plan Lawsuit Begins

The U.S. Chamber of Commerce today, along with a coalition including officials from 27 states and more than 150 other organizations representing a wide range of the American economy, presented opening arguments in the D.C. Circuit against the EPA’s power plant rule associated with the Clean Power Plan.

Visit interactive map.

Clean Power Plan - Oil & Gas 360 - E&E

State status as to whether or not planning to comply with CPP rules – data is accurate as of February 22, 2016. Map courtesy of E&E’s Power Plan Hub – click above link for current interactive map.

Two weeks ago, the U.S. Supreme Court granted a stay request from the U.S. Chamber and others preventing EPA from moving forward with its rule until the conclusion of judicial proceedings. Earlier, the D.C. Circuit denied the motion for stay and granted the motion for expedited briefing, setting oral argument for June 2, 2016. However, on Feb. 9, 2016, the U.S. Supreme Court granted a stay of the rule that will remain in force through the period of judicial review.

The case first will be heard by the U.S. Court of Appeals for the District of Columbia Circuit. Today’s brief argues that the Rule unlawfully attempts to radically transform the electric sector and usurp states’ traditional authority over the electric grid.

The U.S. Chamber is the lead petitioner in a coalition of 16 national trade associations challenging the final power plant regulations. The Chamber has been joined in its lawsuit by the National Association of Manufacturers, American Fuel and Petrochemical Manufacturers, National Federation of Independent Business, American Chemistry Council, American Coke and Coal Chemicals Institute, American Foundry Society, American Forest and Paper Association, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Electricity Consumers Resource Council, Lignite Energy Council, National Lime Association, National Oilseed Processors Association and Portland Cement Association.

In this case, the U.S. Chamber and its coalition partners are represented by Peter D. Keisler, Roger R. Martella, Jr., C. Frederick Beckner III, and Ryan C. Morris of Sidley Austin LLP.

Case documentation may be read here.

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