The long-awaited legal arguments over the Environmental Protection Agency (EPA) Clean Power Plan will be held Sept. 27 before the U.S. Court of Appeals for the District of Columbia Circuit.
It’s a high-profile case and the proceeding will be somewhat different from the typical case at the D.C. Circuit, which usually involves a three-judge panel.
The Clean Power Plan oral arguments will be heard by nine appeals court judges – effectively the full D.C. Circuit — and will take most of the day, including a lunch break.
Chief Judge Merrick Garland – who has been nominated to fill the vacancy at the U.S. Supreme Court — and Circuit Judge Cornelia Pillard are not participating in this matter.
In February of this year, the U.S. Supreme Court granted requests by critics of the Clean Power Plan to stay implementation of the Clean Power Plan pending litigation.
Currently 27 state attorneys general, along with the U.S. Chamber of Commerce and various advocacy and industry organizations have signed on to challenge the EPA’s final rule. The rule would have states draft implementation plans to cut power sector carbon dioxide (CO2) emissions 32% by 2030.
A number of states, including those in the Northeast, have lined up to support the Clean Power Plan, as have numerous high-tech companies as well as wind and solar interests and environmental groups.
The consolidated case before the D.C. Circuit is 15-1363 State of West Virginia v. EPA.