Appeals court sets date for arguments on Clean Power Plan 

Source: Jeremy P. Jacobs, E&E reporter • Posted: Thursday, January 29, 2015

A federal appeals court will hear oral arguments in April on lawsuits from several states, utilities and power companies challenging U.S. EPA’s proposal to set greenhouse gas standards for power plants.

The U.S. Court of Appeals for the District of Columbia Circuit said yesterday it will convene April 16 to hear the consolidated lawsuits brought by West Virginia, Murray Energy Corp. and others.

Murray and nine states are asking the D.C. Circuit to issue an “extraordinary writ” that would prevent EPA from finalizing the standards for existing power plants.

EPA is set this summer to finalize carbon limits for both new and existing plants, a critical component of President Obama’s Clean Power Plan. The early challenges are being closely watched.

The D.C. Circuit has combined the cases — West Virginia v. EPA and In re: Murray Energy Corp. — for oral arguments.

EPA has called the lawsuit “one volley in a barrage of premature litigation” in court documents. It contends that Murray and others may not bring their challenges before the rule has been finalized, largely because it could still be changed (Greenwire, Nov. 4, 2014).