Epic Litigation Battle Over EPA’s Clean Power Plan

The EPA’s Clean Power Plan “is a contender for the title of most controversial environmental rule promulgated in the history of the U.S,” says Morrison & Foerster attorney William Sloan. More than half the states have filed petitions opposing it, with many of the remaining states filling a motion in support. Those in opposition argue that the Plan, which would phase out coal-fired plants and move the country to zero or low-emission sources, exceeds the EPA’s authority under the Clean Air Act. Most major energy interests and numerous cities and NGOs have also weighed in on this case, which is being heard in the U.S. Court of Appeals for the District of Columbia Circuit. “Given the extraordinarily divisive nature of this rule, “ Sloan writes, “the litigation is almost certain to reach the U.S. Supreme Court.”