EPA Clean Power Plan Litigation Begins

American Legislator ^ | 4-16-15 | John Eick

[ThethoughtsofGreg]

The first major step in what will likely be a long, drawn-out legal process will begin today, April 16.

Today, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments from 16 states and a handful of energy companies. The two consolidated cases led by the state of West Virginia and the Ohio-based Murray Energy Corporation seek to prevent EPA from finalizing the already proposed Clean Power Plan (CPP).

The two lawsuits contend that EPA cannot legally regulate greenhouse gas emissions from coal-fired power plants under Section 111 of the Clean Air Act since – in finalizing the Mercury and Air Toxics Standards (MATS) – the agency already regulates coal-fired power plants under Section 112. This prohibition is meant to prevent duplicative or redundant air standards. Supporters of EPA, however, contend that the law prevents EPA from doubly regulating the same pollutant rather than source under the Clean Air Act.

[Blood of Tyrants]

Among the most unconstitutional things Congress has ever done is to create agencies and give them the power to make rules and regulations with the weight of law.

[The Antiyuppie]

“Among the most unconstitutional things Congress has ever done is to create agencies and give them the power to make rules and regulations with the weight of law.”

True; it would be interesting to research what was the camel’s nose in the tent on that. I can think of some things done during WWII...but that was “wartime” (whatever that means).