D.C. Circuit Watchers Predict Loss For EPA In ACE Utility GHG Rule Suit

Most legal observers interviewed by Inside EPA predict EPA will lose a pending case over the legality of its Affordable Clean Energy (ACE) greenhouse gas rule for coal-fired power plants, saying the agency’s arguments for its limited Clean Air Act authority to regulate utilities’ GHGs did not appear to gain much traction with the appellate judges hearing the case. The three U.S. Court of Appeals for the District of Columbia Circuit Judges that heard Oct. 8 argument in the...