- The U.S. Environmental Protection Agency (EPA) has filed a final brief with the U.S. Court of Appeals for the District of Columbia that signals the end of legal briefing for the case, defending the Clean Power Plan by pointing to the broad language Congress used in the Clean Air Act, Argus reports.
- EPA's filing marks the end of the briefing stage of the case. Oral arguments will be heard June 2; the court is working on an expedited basis, after the U.S. Supreme Court delayed implementation of the rule.
- According to the EPA, the Clean Air Act requires the agency to implement the "best system of emission reduction;" lawyers have focused on the word "system" to mean a broad range of measures across the industry.
Argus reports on EPA's final defense of the Clean Power Plan before the launch of oral arguments in June, with the discussion hinging on the "best system of emission reduction" and whether that means regulators can force generation shifting to less carbon-intensive energy sources.
"This broad statutory language shows that Congress was directing EPA to consider a wide range of measures to reduce emissions from sources," the agency said in both its initial defense of the law and the follow-up.
The Clean Power Plan is targeting a 32% reduction in carbon emissions from the power sector nationwide by 2030, but the Supreme Court stayed the rule's implementation in February while the Circuit court considers challenges.