Appeals Court rules in favor of White House on carbon emissions

The United States Court of Appeals for the District of Columbia Circuit handed the White House a win Thursday when it blocked an attempt by 27 states seeking to delay implementation of the Clean Power Plan.

The three-judge panel’s ruling will allow the Clean Power Plan to proceed despite existing legal challenges.

“(Petitioners) have not satisfied the stringent standards that apply to petitions for extraordinary writs that seek to stay agency action,” read the court’s ruling.

The White House’s Clean Power Plan seeks to reduce carbon emissions 32 percent below 2005 levels by 2030. States are required to assent and must tender plans to the Environmental Protection Agency (EPA) by 2018.

“We are confident that the plan will reduce carbon pollution and deliver better air quality, improved public health, and jobs across the country,” the White House said in a statement on Thursday.

27 states, led by West Virginia and the Peabody Energy Corporation, filed suit in October 2015 requesting a postponement in the enactment of the new rules until the court system ruled on its legality.

Although the Appeals Court denied the litigants motion, American Coalition for Clean Coal Electricity said it would proceed to invalidate the new regulations. 

States and energy-sensitive corporations involved in the litigation contend the EPA has no authority to control greenhouse gasses under section 111 (d) of the Clean Air Act (CAA).

Their lawsuit asserts power plants are currently regulated under section 112 of the CAA which forbids the EPA from issuing further regulatory rules under more than one section of the Act.

 

[Reuters] [epa.gov] [Photo courtesy wisegeek.com]

 

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