From the NAM, Center for Legal Action . . . By Quentin Riegel, NAM Vice President and Deputy General Counsel
NAM, industry groups and states continue challenge to so-called Clean Power Plan: The NAM and other coalition members challenging the Environmental Protection Agency’s (EPA) latest rules targeting electric utilities on greenhouse gases filed their final reply brief. We argued that the EPA lacks statutory authority to assert such a broad and novel regulatory power; the Clean Air Act forecloses emission reductions that can’t be applied to individual regulated stationary sources; and the Clean Air Act does not allow the EPA to regulate many of the sources the new rule attempts to regulate. We also raised a 10th Amendment argument that the EPA is usurping state power.
More Information: West Virginia v. EPA (U.S. Court of Appeals for the D.C. Circuit)