15 States Request Stay of Obama Clean Power Plan

"Foes of the Obama administration's plan for cutting greenhouse gas emissions from the power sector have lodged their first formal challenge to the newly finalized Clean Power Plan, asking federal judges to postpone the rule's deadlines.

Fifteen states, led by West Virginia Attorney General Patrick Morrisey (R), filed their complaint yesterday in the U.S. Court of Appeals for the District of Columbia Circuit, arguing that U.S. EPA overstepped its authority in crafting the climate plan, which sets state emissions targets based on increased coal plant efficiency and more reliance on renewables and natural gas.

The emergency petition argues that the 1990 amendments to the Clean Air Act bar the agency from using Section 111(d) of the law to regulate a source that is already regulated by Section 112. Existing power plants -- the key target of the Clean Power Plan -- would fall into that category."

Ellen M. Gilmer reports for EnergyWire August 14, 2015.

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"New Lawsuit's Goal: Secure Right-Leaning Judicial Panel" (Greenwire)