Appeals Court To Consider EPA’s Plan To Limit Coal-fired Power Plant Emissions

Texas and 26 other states are suing to stop the EPA’s Clean Power Plan. Oral arguments are being heard Tuesday by an appeals court in Washington, D.C.


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A little over a year ago, President Obama and the Environmental Protection Agency announced the Clean Power Plan to limit greenhouse gas emissions from the existing fleet of coal-fired power plants. The plan has customized goals for states to cut the carbon pollution, while reflecting each state's energy mix.

Texas Attorney General Ken Paxton is joining oral arguments before the appeals court. He says the EPA rule reinvents the nation’s energy policy. Paxton contends that the agency has no statutory authority to do so.

West Virginia Attorney General Patrick Morrisey says before you can get to scientific questions, constitutional questions must first be resolved.

“People are trying to drag you into the science and go through these details. But that typically occurs when you’re especially weak on your legal foundations,” Morrisey says.

The plan was finalized in 2015 and was supposed to take effect this year. In February, it was temporarily blocked by the U.S. Supreme Court without explanation. Oral arguments are taking place in front of a full bench before the U.S. Court of Appeals for the D.C. Circuit. Many experts expect this case to be decided by the Supreme Court.

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