WASHINGTON, D.C. — Ten judges on the D.C. Federal Court of Appeals will hear arguments on the controversial Clean Power Plan Tuesday in Washington, D.C.
West Virginia leads a 27-state coalition against the federal EPA’s plan which is designed to reduce carbon emissions from existing coal-fired power plants by 30 percent on average, compared with 2005 levels, before 2030. Within it, states are charged with developing their own pathways to get to established individualized emissions limits or targets.
Proponents of the plan say it will improve the health of Americans, create clean energy jobs, and help households and businesses save on their energy bills.
It’s usually a three-judge panel of a particular appeals circuit that hears a case but all 10 judges in the D.C. circuit will be on the bench for this case. West Virginia Attorney General Patrick Morrisey called it “unprecedented territory” during an appearance Monday on MetroNews “Talkline.”
There are four basic arguments against the plan including the EPA going too far, Morrisey said.
“We think that we have a very strong case that they’ve overstepped their authority because there was no clear grant of authority (from Congress),” Morrisey said.
The plaintiffs also believe the Clean Power Plan is unlawful because the plain text of the statute bars it and because “you can’t double regulate coal-fired power plants,” Morrisey said.
The Competitive Enterprise Institute is another plaintiff in the case. Former White House Counsel Bordon Gray, working for the group, said the cost of the Clean Power Plan far outweighs its benefits.
“It’s not really about climate change but it’s about a symbol,” Gray told reporters during a conference call last week. “The structure of the rule is to shift production of electricity from fossil fuels to renewables. There is no authority in the Clean Air Act for EPA to do that. They have authority to reduce pollution from individual power plants but they don’t have authority to demand the states and the owners of the power plants to shutdown power plants and substitute with new energy in the form of renewable energy.”
The 4th Circuit turned down the plaintiffs when they originally asked for a stay to stop the plan. The U.S. Supreme Court then granted the stay. Morrisey said again Monday he believes the best chance the plaintiffs have for ultimately prevailing in the case is with the U.S. Supreme Court.
West Virginia Solicitor General Elbert Lin will lead off the arguments of the states Tuesday.