The US EPA has argued that carbon dioxide limits for newly constructed power plants fall squarely within the EPA’s Clean Air Act authority, thereby making arguments in a Federal Court which President-Elect Donald Trump’s Administrator nominee has already rejected.  The incoming Trump Administration will be tasked with defending the new source performance standards for new and modified power plants which the President-Elect has vowed to repeal. The case is set for argument before the U.S. Court of Appeals for the District of Columbia on April 17th unless the Administration chooses to seek an abeyance of the lawsuit or possibly a voluntary remand of the proposed rule. 

For more information, please contact Phillip Hoover.