D.C. Circuit to make audio webcast of Clean Power Plan argument available

For those who did not make it to Washington, D.C., on Sept. 27 to hear oral arguments about the Environmental Protection Agency (EPA) Clean Power Plan, the U.S. Court of Appeals for the District of Columbia Circuit is making available an audio webcast of the event.

A representative of the D.C. Circuit told GenerationHub that the audio of the webcast should be available soon after conclusion of the legal arguments on the EPA carbon reduction plan.

The rule would have states draft implementation plans to cut power sector carbon dioxide (CO2) emissions 32% by 2030. In an unusual move, the rule was stayed, pending litigation, earlier this year by the U.S. Supreme Court.

The full “en banc” D.C. Circuit, which includes all active judges on the court except for a couple who recused themselves, heard arguments on the appeal.

The CPP is being challenged by more than two dozen states as well as several electric utility and coal mining concerns.

Murray Energy, a mining company that is one of the lead plaintiffs in the case, said in a statement that the stakes are high.

“To date, President Obama and his supporters have closed 411 coal-fired power generating units, totaling 101,000 MW, all for absolutely no environmental benefit,” said Murray Energy’s outspoken Chairman, President and CEO Robert E. Murray.

“Their CPP will eliminate 49,000 additional megawatts of coal-fired generation at an increased wholesale electricity cost of $214 billion between 2022 and 2030 and increase electricity rates up to thirty-one percent (31%) in one-half of our states,” Murray said.

The Environmental Defense Fund (EDF) said 60 cities have filed in support of the rule and were joined by the U.S. Conference of Mayors, the National League of Cities, and 18 states. High-tech companies such as Google and Amazon have also publicly supported the carbon rule, EDF said.

A decision in the case is not expected prior to the November elections. The losing party in the litigation is expected to ask the U.S. Supreme Court to hear the case.

The arguments were scheduled to take most of the day on Sept. 27. Law students and various professional “line standers” started gathering outside the federal appeals court before 7 a.m., according to several social media posts from the Wall Street Journal and other sources.

The appeals court website can be found at www.cadc.uscourts.gov/internet/home.nsf

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.