Lawyers Fault EPA’s Reliance On D.C. Circuit Cases In Power Plant GHG Plan

Industry lawyers are arguing that EPA’s proposed power plant greenhouse gas standards are based on a flawed legal analysis which inappropriately relies on decades-old appellate court decisions to conclude that it can base its rules on technologies that aren’t yet available at scale but will be in the coming years. The prior rulings -- including the U.S. Court of Appeals for the District of Columbia Circuit’s 1973 decision in Portland Cement Association v. Ruckelshaus -- generally say EPA can...