D.C. Circuit prepares to hear challenge to CO2 plan

The United States Court of Appeals for the District of Columbia Circuit will hear oral arguments April 16 on legal challenges to Environmental Protection Agency (EPA) authority to regulate greenhouse gas emissions.

Coal producer Murray Energy and certain states have questioned whether EPA has the legal authority to “doubly regulate” existing coal plants under both Section 111(d) and Section 112 of the Clean Air Act.

EPA has proposed the Clean Power Plan. It would require states to draft implementation plans to curb carbon dioxide (CO2) emissions 30% by 2030.

The two EPA CO2 cases, 14-1112 In re: Murray Energy Corp; and 14-1146 State of West Virginia versus EPA will be heard by D.C. Circuit Court Judges Karen LeCraft Henderson, Thomas Griffith, and Brett Kavanaugh.

 Murray Energy describes itself in court filings as the largest privately-held coal company in the United States and the fifth largest coal producer in the nation.

About Wayne Barber 4201 Articles
Wayne Barber, Chief Analyst for the GenerationHub, has been covering power generation, energy and natural resources issues at national publications for more than 20 years. Prior to joining PennWell he was editor of Generation Markets Week at SNL Financial for nine years. He has also worked as a business journalist at both McGraw-Hill and Financial Times Energy. Wayne also worked as a newspaper reporter for several years. During his career has visited nuclear reactors and coal mines as well as coal and natural gas power plants. Wayne can be reached at wayneb@pennwell.com.