States, Enviros Urge DC Circ. To Decide Clean Power Merits

By Michael Phillis (October 17, 2017, 5:08 PM EDT) -- Activist groups, along with several state and local governments, asked the D.C. Circuit on Tuesday to rule on the merits of the Clean Power Plan, saying the U.S. Environmental Protection Agency's proposal to repeal the plan without drafting a replacement was an attempt to undermine its obligations.

The EPA is required to regulate carbon emissions from power plants, and its request to the court to continue to sit on the case was an attempt to bypass that responsibility, the groups said in two separate filings. By deciding on the merits, the court will also avoid having "to re-litigate the same issue"...

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