Clean Power Plan arguments set Sept. 27 before D.C. Circuit

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.

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