Environmental -- 2019



West Virginia v. EPA   (D.C. Circuit)

Challenging EPA's Clean Power Plan

In 2015, the NAM challenged the EPA’s Clean Power Plan, a rule that went beyond the EPA’s legal authority to regulate carbon dioxide emissions under the Clean Air Act. Before the rule became effective, the U.S. Supreme Court stayed the rule pending the resolution of the litigation. Then, in 2017, the D.C. Circuit held the litigation itself in abeyance to allow the incoming administration to decide whether to rescind or revise the rule. The EPA proposed a replacement rule—the Affordable Clean Energy Rule—in August 2018. A final rule issued in June 2019. With the Clean Power Plan rule replaced by the Affordable Clean Energy Rule, the parties moved to dismiss the case. On September 17, 2019, the court dismissed the case as moot.


Related Documents:
NAM reply brief  (April 22, 2016)
NAM merits brief on core legal issues  (February 19, 2016)