Clean Power Plan Opponents File Briefs with the D.C. Circuit Court

Statement of Environmental Defense Fund – April 15, 2016

April 15, 2016
Sharyn Stein, 202-572-3396,

(Washington, D.C. – April 15, 2016) Some of the nation’s largest polluters and other Clean Power Plan opponents filed reply briefs with the U.S. Court of Appeals for the D.C. Circuit today, as part of their ongoing attempts to block the single biggest step America has ever taken to address the clear and present danger of climate change.

The Clean Power Plan establishes the first-ever national limits on carbon pollution from its largest source – existing fossil-fuel fired power plants. The D.C. Circuit Court is now preparing for oral arguments in lawsuits about it. It’s the first time any court will consider the case on its merits. 

“The Clean Power Plan is firmly rooted in our nation’s successful clean air laws and time-tested solutions adopted under both Republican and Democratic Presidents,” said Tomás Carbonell, Director of Regulatory Policy and Senior Attorney for Environmental Defense Fund, which is a party to the case. “Across the country, public support for climate action is strong and continues to grow – even in states whose officials are litigating against the Clean Power Plan. The Clean Power Plan is one of the most important steps we can take to protect our families, communities and businesses from the dangers of climate change while strengthening our clean energy economy.”

A large and diverse group of Clean Power Plan supporters is defending it in court as parties to the case, including: the U.S. Environmental Protection Agency (EPA);  a coalition of 18 States and seven cities and counties; a large group of power companies; three advanced energy trade associations representing more than 3,000 companies and organizations in the advanced energy sector; and a coalition of public health and environmental groups, including EDF. 

Rigorous amicus briefs supporting the Clean Power Plan have also been filed by hundreds of leaders across America with deep and diverse expertise including: Amazon; Apple; Google; Microsoft; Ikea; Mars Inc.; Adobe; Blue Cross/Blue Shield of Massachusetts; 193 current Members of Congress; 54 cities, counties and mayors (including dozens in states litigating to obstruct these protections); former Secretary of State Madeleine Albright and former Secretary of Defense Leon Panetta; former Republican EPA Administrators William D. Ruckelshaus and William K. Reilly; organizations representing consumers and ratepayers, including Consumers Union; a broad cross-section of religious organizations; leading health and medical associations; and many of the nation’s leading experts on the electric grid, the Clean Air Act, and climate science.

Oral arguments will take place on June 2 before a three-judge panel of the D.C. Circuit Court. 

You can find all today’s amicus briefs, and all other legal briefs in the case, on EDF’s website

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