Today, June 9, 2015, the U.S. Court of Appeals issued an opinion denying consolidated challenges to EPA’s proposed rule establishing carbon dioxide emission standards for existing fossil fuel-fired power plants under Section 111(d).
As expected, the Court denied the consolidated challenges (referred to as the Murray Energy case) on procedural grounds. Writing for the majority, Judge Kavanaugh explained that the proposed rule “is not final agency action subject to judicial review” under the Clean Air Act. The Court did not reach the merits of petitioners’ arguments regarding the legality of the proposed rule. However, Judge Kavanaugh noted that “[a]fter EPA issues the final rule, parties with standing will be able to challenge that rule…as well as seek a stay of the rule pending judicial review” and, at that time, “the Court will have an opportunity to review the legality of the rule."
Click here to view the Murray decision.