Update on EPA’s Clean Power Plan

Late last month, the United States Environmental Protection Agency (“EPA”) submitted briefs to the United States Court of Appeals for the District of Columbia in support of its Clean Power Plan (“CPP”) rule.  The agency’s briefs were filed in response to a challenge against the rule brought by industry groups and states (“Petitioners”).  Amici curiae briefs on both sides of the issue were also filed by several cities, states, advocacy groups, and companies.  The D.C. Circuit will hear oral arguments on the legality of the CPP in June.  In February, the United States Supreme Court stayed the implementation of the CPP until the resolution of these legal challenges.

Since the stay of the CPP, states have operated under uncertainty and have taken different approaches to planning for the potential implementation or invalidation of the rule.

This alert provides a timeline of the events leading to the current status of the CPP, a summary of the different legal arguments in front of the D.C. Circuit, and a brief overview of different state approaches and strategies to plan for the potential implementation of the CPP.

Read the full alert on K&L Gates HUB.

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