State's Flawed EPA Suit Sets Up Future Carbon Cap Fights

Law360, New York (January 22, 2014, 7:27 PM EST) -- Nebraska's legal challenge to the U.S. Environmental Protection Agency's proposed carbon emission caps for new power plants has potentially fatal jurisdictional flaws, but experts say the suit's core argument has legs and likely will inspire others to file similar attacks once the final regulations are issued.

The Cornhusker State launched a suit in Nebraska federal court last week demanding that the EPA withdraw its September rulemaking package capping emissions from new coal-fired plants at 1,100 pounds of carbon dioxide per megawatt-hour, which the agency began accepting stakeholder comments on just the week before.

The crux of Nebraska's complaint is that the...

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