Clean Power Plan case resources

Opponents of the Clean Power Plan have been suing since before the rule was even finalized in August 2015, and EDF has been defending it in court every step of the way. We opposed the premature lawsuits, which were rejected by the courts. We then defended the Clean Power Plan on its merits in the U.S. Court of Appeals for the D.C. Circuit. Now, in 2017, the decision in that case is pending.

Filings from the following lawsuits can be found in the tabs below:
  • Clean Power Plan, 111(d)
  • Carbon pollution standards for new and modified sources, 111(b)
  • Earlier lawsuits over the proposed Clean Power Plan

111(d)

Legal briefs on EPA’s standards to put limits on existing power plants, 111(d)

Full list of supporters of the Clean Power Plan in court [PDF]

Scroll down for filings in the U.S. Supreme Court

D.C. Circuit Court of Appeals

Procedural filings regarding reconsideration
Motions in Support of EPA’s Reconsideration Denials
Motions Opposed to EPA’s Reconsideration Denials
Challenges to EPA denial of reconsideration
  • North Dakota [PDF]
  • Additional parties that filed petitions: Murray Energy Corp., NRECA, UARG/APPA, LG&E/KU, West Virginia et al., Nat’l Ass’n of Home Builders, Alabama Power Co. et al., Entergy Corp., Peabody Energy Corp., Newmont Nevada Energy Investment/Newmont USA, National Mining Association, Westar Energy, NorthWestern Corp, East Kentucky Power Cooperative et al., Denbury Onshore, and Basin Electric Power Coop.
Audio and transcript of September 27, 2016 oral arguments
Orders Regarding Oral Argument
Replies for Petitioners
Briefs for Respondents
Briefs in Support of Respondents
Briefs for Petitioners
Briefs in Support of Petitioners
Letters regarding supplemental authorities
Motions in support of EPA
Motions in support of petitioners
Petitions
  • West Virginia/Texas et al. [PDF]
  • Additional parties that filed petitions: Oklahoma, North Dakota, International Brotherhood of Boilermakers, Murray Energy Corp., NMA, ACCCE, UARG/APPA, Alabama Power Co. et al, CO2 Task Force of the Fla. Elect. Power Coordinating Grp., Montana-Dakota Utilities Co., Tri-State Generation & Transmission Ass’n., United Mine Workers, NRECA et al., Westar Energy, NorthWestern Corp., Nat’l Ass’n of Home Builders, Chamber of Commerce et al., Association of American Railroads, Mississippi DEQ, Luminant Generation Co., Basin Electric Power Coop., International Brotherhood of Electrical Workers, Energy & Environment Legal Institute, Entergy Corp., LG&E/KU, West Virginia Coal Association, Newmont Nevada Energy Investment/Newmont USA, Kansas City Board of Public Utilities, North American Coal Corporation, Indiana Utility Group, Louisiana Public Service Commission, Genon Mid-Atlantic et al., Prairie State Generating Co., Minnesota Power, Denbury Onshore, Energy-Intensive Manufacturers’ Working Group on Greenhouse Gas Regulation, National Alliance of Forest Owners, Biogenic CO2 Coalition, Local Government Coalition for Renewable Energy, American Forest & Paper Association/American Wood Council, Competitive Enterprise Institute et al.
Motion to Withdraw as Petitioner
Orders
Replies in support of motions for a stay
Responses to motions for a stay
Motions for a stay

U.S. Supreme Court

Orders
Replies in Support of a Stay
Briefs in Opposition to a Stay
Applications for a Stay

111(b)

Legal briefs on EPA’s standards to put limits on new and modified power plants, 111(b)

D.C. Circuit Court of Appeals

Replies for Petitioners
Briefs for Respondents
Briefs in Support of Respondents
Briefs For Petitioners
Filings Regarding the Case Status
Motions in support of EPA
Petitions
  • North Dakota [PDF]
  • West Virginia et al. [PDF]
  • Additional parties that filed petitions: Energy & Environment Legal Institute; Murray Energy Corp., International Brotherhood of Boilermakers, Peabody Energy Corp., UARG/APPA, National Mining Association, Indiana Utility Group, United Mine Workers, Alabama Power Co. et al., Chamber of Commerce et al., Luminant Generation Co. et al., NRECA et al., Biogenic CO2 Coalition, ACCCE

Parties that moved to intervene for petitioners:

Challenges to EPA denial of reconsideration:

Earlier

Legal briefs from the premature litigation for EPA’s limits on existing power plants, 111(d)

D.C. Circuit Court of Appeals

Reply briefs
Responses in opposition
Petition

Northern Oklahoma District Court/Tenth Circuit Court of Appeals

D.C. Circuit Court of Appeals

Orders Denying Rehearing and Stay of Mandate
Replies in Support of Stay of Mandate
Responses in Opposition to Stay of Mandate
Motions for Rehearing and Stay of Mandate
D.C. Circuit Court of Appeals Decision
Reply Briefs
Amicus Briefs for EPA
Respondent Briefs
Opening Briefs