Buckeye sues Obama Administration over EPA's Clean Power Plan
Feb 24, 2016
The Buckeye Institute joined West Virginia and other states in filing two important legal briefs Friday challenging the Clean Power Plan in the U.S. Court of Appeals for the District of Columbia Circuit.
A 198-page filing challenged the federal government on procedural grounds for attempting to regulate carbon emissions, a function that belongs to the states. Another 193-page brief attacked the regulatory overreach on the legal merits.
“EPA’s audacious assertion of authority in this Rule is more far-reaching than any previous effort by the agency,” the brief says, attacking the overtly anti-coal nature of Environmental Protection Agency’s plan.
The brief adds: Emission “reduction requirements can be met only by shutting down hundreds of coal-fired plants, limiting the use of others, and requiring the construction and operation of other types of facilities preferred by EPA—a directive EPA euphemistically calls ‘generation shifting.’”
The full brief can be read at the attached link. Oral arguments are scheduled for June 2. The U.S. Supreme Court has put implementation of the plan on hold until federal courts have ruled on the plan’s legality.