Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Thursday, April 16, 2015
Clean Power Plan Litigation Begins
The first major step in what will likely be a long, drawn-out legal process will begin today, April 16. Today, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments from 16 states and a handful of energy companies. The two consolidated cases led by the state of West Virginia and the Ohio-based Murray Energy Corporation seek to prevent EPA from finalizing the already proposed Clean Power Plan (CPP). The two lawsuits contend that EPA cannot legally regulate greenhouse
gas emissions from coal-fired power plants under Section 111 of the
Clean Air Act since – in finalizing the Mercury and Air Toxics Standards
(MATS) – the agency already regulates coal-fired power plants under
Section 112. This prohibition is meant to prevent duplicative or
redundant air standards. Supporters of EPA, however, contend that the
law prevents EPA from doubly regulating the same pollutant rather than
source under the Clean Air Act. The biggest hurdle that the petitioners will likely face during this
initial hearing will be whether or not they have standing before the
rule has been finalized. EPA’s brief contends that the 16 states and
Murray Energy cannot demonstrate injury until after the regulation has
been finalized...more
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