Arguments of the Clean Power Plan

Last week, the latest chapter in the Clean Power Plan saga unfolded before an en banc hearing at the D.C. Circuit Court of Appeals. Petitioners argued the Environmental Protection Agency (EPA) overstepped its congressional authority under the Clean Air Act. A central issue before the court was whether the agency exceeded its authority under Section 111(d) by designing a scheme that regulates “beyond the existing source’s fence line” – outside the four walls of the utility. Section 111(d) requires EPA to establish emission guidelines that reflect the best system of emission reductions (BSER) that have been adequately demonstrated. Petitioners, led by… [more]