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

September 26, 2023
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...

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