EPA's Clean Power Plan: Analysis of the D.C. Circuit Oral Argument in West Virginia v. EPA

September 28, 2016 1:00 pm — 3:00 pm
Washington, DC (and webinar)

This program was sponsored by the Air Quality Committee of the D.C. Bar Environment, Energy and Natural Resources Section. Cosponsored by the Administrative Law and Agency Practice Section, the District of Columbia Affairs Section, the American Bar Association Section of Environment, Energy, and Resources, and the Environmental Law Institute.

On September 27, the D.C. Circuit heard oral arguments on the challenge to EPA's Clean Power Plan issued 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 mandating state-by-state emissions reductions goals. Twenty-eight states and almost 150 petitioners filed suit challenging the Clean Power Plan while 18 states joined by environmental and public health groups and 200 members of Congress are supporting EPA as intervenors and amici. 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.

David M. Friedland
, Principal, Beveridge & Diamond P.C. (moderator)
David Doniger, Director, Climate and Clean Air Program, Natural Resources Defense Council
Tristan Duncan, Counsel, Peabody Energy
Elbert Lin, Solicitor General, West Virginia
Ethan Shenkman, Deputy General Counsel, U.S. Environmental Protection Agency