The Environmental Protection Agency filed an August 9 motion with the U.S. Court of Appeals for the District of Columbia Circuit requesting that the court dismiss challenges to the agency’s proposed carbon dioxide performance standards for new power plants. The agency argued that because it has not yet taken action on its proposed standards, they are not yet subject to judicial review. The agency argued further that the court forgoing its examination of the case until the agency completes its review of the standards would pose no significant harm to the challengers as they will have the opportunity to resubmit their petitions once the agency takes action on the standard. According to Clean Air Act requirements, the agency must take action on the standards within a year of the date they were proposed, April 13. The new standards would limit new fossil fuel-fired plants to 1,000 pounds of carbon dioxide emissions per megawatt-hour.
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Challenge to CO2 rule
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