October 2016

Last week, the DC District Court of Appeals heard oral arguments in industry challenges to the EPA's regulation to reduce greenhouse gas emissions from U.S. power plants.  The EPA rule, known as the Clean Power Plan, requires states to meet state-specific targets to reduce carbon emissions from power plants.

In their petition, industry claimed that the EPA overstepped its authority under the Clean Air Act in its regulation of carbon emissions.  Because the U.S. Supreme Court has already affirmed the EPA's authority and obligation to regulate greenhouse gas emissions, the court challenge focused more on how the EPA is regulating carbon rather than on whether the EPA can regulate carbon emissions.

The ATS led a group of several medical associations in filing an amicus brief in support of the EPA's Clean Power. The amicus brief sought to explain to the court the known human health effects from climate change and why regulating carbon emissions is important to address human health.

The DC District Court of Appeals is expected to issue their decision this winter.  Regardless of the court decision, most legal observers expect the case to be appealed to the U.S. Supreme Court.