Clean Air Council


DC Circuit Court Hears Challenges to Clean Power Plan, CO2 Standard has Strong Legal Foundation in Clean Air Act

FOR IMMEDIATE RELEASE: September 26th, 2016

The DC Circuit Court of Appeals’ will hear State of West Virginia v U.S. Environmental Protection Agency (No. 15-1363) Tuesday morning in order to assess the legality of the first-ever domestic standard limiting carbon dioxide pollution from existing power plants, the Clean Power Plan. In 2007, the U.S. Supreme Court ruled that the EPA “can regulate greenhouse gases, such as carbon dioxide, as “air pollutants” under the Clean Air Act.” Since then, EPA has proposed and finalized a pollution standard for CO2 with unprecedented public input in the form of 4.3 million public comments.

“Climate change is a devastating and present threat to the health and security of our country and the world. The electricity generation sector can easily comply with the pollution reductions required within the Clean Power Plan. How many consecutive ‘hottest years ever’ must we witness before taking meaningful action to reduce greenhouse gas pollution?” said Joseph Otis Minott, Executive Director and Chief Counsel at Clean Air Council.

2014 and 2015 were both recorded as the hottest years ever globally at the time and 2016 is likely to follow suit. Major East coast cities all set September heat records earlier in this month, requiring Philadelphia schools to close early September 9th. Harrisburg just recorded its second hottest summer ever with other central Pennsylvania cities setting all-time temperature highs.

“This challenge to the Clean Power Plan is not motivated by science or law,” added Minott. “Murray Energy and other fossil fuel companies have courted Attorney Generals across the country to impede public health in favor of short-term profits.”

Contact: Russell Zerbo, Clean Air Council, rzerbo@cleanair.org, (215) 567-4004 x 130

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