EPA's Clean Power Plan: Analysis of the D.C. Circuit Court Argument in Murray Energy v. EPA

April 16, 2015 2:00 pm — 4:00 pm
Washington, DC (and via teleconference)

This program was sponsored by the Energy Committee of the D.C. Bar Environment, Energy and Natural Resources Section in cosponsorship with the DC Bar Administrative Law and Practice Section and the Environmental Law Institute and in cooperation with the American Bar Association's Section of Environment, Energy, and Resources.

On April 16, 2015, the D.C. Circuit heard oral argument on the challenge to EPA's authority to promulgate the Clean Power Plan under Section 111(d) of the Clean Air Act. The Clean Power Plan aims to impose regulatory controls on greenhouse gas emissions from the power sector by requiring existing power plants to cut carbon dioxide emissions 30 percent below 2005 levels by 2030. Murray Energy joined by nine states filed suit challenging the EPA's authority to implement a program that mandates state-by-state standards for existing sources that are already subject to a national standard.

Our leading practitioners provided their perspectives on oral argument, the various directions the court might go, and how such decisions might impact future actions by the Environmental Protection Agency.

Jessica Olson, Partner, Ayers Law Group (moderator)
Mark DeLaquil, Partner, Baker & Hostetler
Benjamin Longstreth, Attorney, Natural Resources Defense Council
Ethan Shenkman, Deputy General Counsel, U.S. EPA