Update on EPA’s Clean Power Plan
Late last month, the United States Environmental Protection Agency (“EPA”) submitted briefs to the United States Court of Appeals for the District of Columbia in support of its Clean Power Plan (“CPP”) rule. The agency’s briefs were filed in response to a challenge against the rule brought by industry groups and states (“Petitioners”). Amici curiae briefs on both sides of the issue were also filed by several cities, states, advocacy groups, and companies. The D.C. Circuit will hear oral arguments on the legality of the CPP in June. In February, the United States Supreme Court stayed the implementation of the CPP until the resolution of these legal challenges.