Case Against The Clean Power Plan Could Change Admin Law

Law360, New York (May 4, 2015, 10:55 AM EDT) -- The D.C. Circuit heard oral arguments on the first legal challenges to the U.S. Environmental Protection Agency's Clean Power Plan on April 16, 2015. The EPA proposed the plan under Section 111(d) of the Clean Air Act to control carbon dioxide emissions from existing fossil fuel-fired power plants. If made final as proposed, the new rule would require states to adopt plans to reduce carbon dioxide emissions from such plants by a national average of 30 percent, with the exact reductions varying widely from state to state.

Generally, judicial challenges to proposed rules are not allowed because a proposed rule imposes...

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