D.C. Circuit Court of Appeals Hears Arguments on Clean Power Plan


This week the Court of Appeals for the D.C. Circuit heard oral arguments on the federal Clean Power Plan (CPP) proposed by U.S. EPA. Ross Eisenberg, Vice President, Energy and Resources Policy, National Association of Manufacturers, commented:  ” … The Manufacturers’ Center for Legal Action, joined by a manufacturing coalition of more than a dozen other national trade groups, argued that the Environmental Protection Agency (EPA) imposed regulations on electric utility companies that is not authorized by, and contradicts specific provisions of the Clean Air Act. Manufacturers’ primary concerns with the CPP are its potential impacts to energy costs and the precedent the rule would have on the future regulation of other manufacturing sectors. “While the D.C. Circuit Court’s ultimate decision will be of great importance, it will likely not be the end of the litigation road for the CPP. As NAM Deputy General Counsel Quentin Riegel noted, “this case has all the earmarks of a major case that will wind up in the Supreme Court, probably in the fall of 2017.””  Stay tuned.  9/29/2016